SCOTUS Weighs In On Social Media Bans In Florida And California

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(Photo Illustration by Justin Sullivan/Getty Images)


After lower courts delivered conflicting rulings, the Supreme Court heard two issues on Monday that are related to contentious laws imposing social media limits in Texas and Florida.

Even in cases where users transgress platform standards, the laws seek to prevent social media companies from banning users because of their political beliefs.

Should they be upheld, it might make it more difficult for businesses to impose their own policies and change the nature of free expression online.

“These cases are potentially of enormous, enormous scope,” said Scott Wilkens, senior counsel at the Knight First Amendment Institute. “This will be the first time that the Supreme Court really weighs in on the First Amendment rights of social media platforms, and therefore, the shape and contours of free speech online.” 

“We knew this day would come,” DeSantis said. “Whatever the court decides, we’re going to make sure that we’re doing everything we can to ensure that people have the right to speak in these public forums.”

Republican condemnation regarding social media companies’ enforcement of regulations towards certain public figures, which resulted in the banning and suspension of conservative leaders in a “politically biased move,” led to the passage of the two laws in 2021.

The uproar intensified when prominent platforms, such as Twitter (now X) and Meta, the parent company of Facebook and Instagram, disabled former President Trump’s social media account due to remarks he made on the U.S. Capitol breach on January 6th, 2021.

In November 2022, Twitter allowed Trump to regain access to his account under Elon Musk’s new ownership. In January 2023, Meta also dropped its ban on Trump.

“Online services have a well-established First Amendment right to host, curate and share content as they see fit,” NetChoice litigation director Chris Marchese said in a statement.

“The internet is a vital platform for free expression, and it must remain free from government censorship,” he added. 

Before the end of June, the Supreme Court is anticipated to make a decision in the case.


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