https://www.dailysignal.com/?p=1056033
Thankfully, Texas and Florida had their eyes wide open. These states passed first-of-their-kind laws to establish their citizens’ right to speak online over Big Tech’s right to censor. Texas focused directly on preventing social media bans over political viewpoints. Florida required platforms to publish their censorship rules and to give their users proper notice of changes to those policies, while also giving political candidates immunity from censorship during their campaigns.
Unsurprisingly, Big Tech, represented by industry associations like NetChoice, sued these states to protect their unregulated oligopoly over the digital public square. This yearslong fight is coming to a head with oral arguments scheduled for next month at the Supreme Court. Although NetChoice raised numerous complaints, the court limited the case to only two questions:
- Do the laws’ restrictions on Big Tech’s censorship of posts comply with the First Amendment?
- Do the laws’ requirements that social media companies provide an explanation for each instance of censorship comply with the First Amendment?
Perhaps the most important assumption in these questions that could decide this case is, whose speech is whose on social media? When Grandma posts on Facebook, does the statement belong to her as the author or to the website as a publisher whose algorithm inserted it into your feed? NetChoice argues that Grandma’s story belongs to Facebook and, therefore, Facebook receives First Amendment rights for choosing to feature or censor her comments through its editorial discretion.
