Social media companies have long made their own rules about the content they allow on their sites. But a pair of cases set to be argued before the Supreme Court on Monday will test the limits of that freedom, examining whether they can be legally required to host users’ speech.
The cases, Moody v. NetChoice and NetChoice v. Paxton, deal with the constitutionality of laws created in Florida and Texas, respectively. Though there are some differences between the two laws, both essentially limit the ability of large online platforms to curate or ban content on their sites, seeking to fight what lawmakers claim are rules that suppress conservative speech. This fight has reached the Supreme Court level in part because an appeals court in Florida declared that state’s version of the law unconstitutional, while a separate appeals court allowed the Texas law to stand, creating a legal rift.
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