Recently, the Supreme Court heard oral arguments in two related cases about the ability of social media companies to maintain editorial control over the content users post on their platforms. The NetChoice cases, as they’ve come to be known, were brought in response to Texas and Florida laws passed in 2021 that sought to, in the words of their authors, “defend freedom of speech” and “tak[e] back the virtual public square as a place where information and ideas can flow freely.”
The 5th Circuit let the Texas law stand. The 11th Circuit, meanwhile, ruled that Florida's law violated the First Amendment. Thus, the Supreme Court was left to resolve an important split.
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