Supreme Court Struggles With Regulation of Social Media

Published on February 26, 2024

Florida and Texas should be allowed to regulate how social media platforms moderate content, lawyers for the states told the Supreme Court on Feb. 26. During oral arguments, the justices seemed to be grasping for a new rule they could use to apply free speech principles to online discussions. But there are “a bunch of land mines,” Justice Amy Coney Barrett said. “And if that’s a land mine, if what we say about this is that this is speech that’s entitled to First Amendment protection, I do think then that has Section 230 implications for another case, and so it’s always tricky to write an opinion when you know there might be land mines that would affect things later,” she said....