Florida and Texas want to tell Big Tech what to allow online.
Can Florida and Texas weaponize conservative paranoia over Big Tech’s alleged liberal bias to destroy social media and free speech as we know it? After nearly four hours of arguments on this question at the Supreme Court on Monday, the answer is disconcertingly unclear. The justices split along unusual lines as they grappled with the two laws at issue. A few seemed genuinely torn over the best approach to the whole mess before them.
What are those stakes? Well, Florida and Texas are seeking to subvert basic First Amendment principles to turn the most popular websites on earth into unusable quagmires of hate and extremism. If SCOTUS allows them to succeed, it would be a grave misfortune for free expression, free enterprise,, but these lawmakers mistake a few anecdotal instances as irrefutable proof of a trend.) In response to outcry on the right, Florida Gov. Ron DeSantis and Texas Gov.
At one pole, Justices Clarence Thomas and Samuel Alito defended the laws and disparaged the platforms as totalitarian bullies. Alito suggested that the phrase “content moderation” succumbed to an “Orwellian temptation to recategorize offensive conduct in seemingly bland terms,” dismissing it as a “euphemism for censors.” Thomas derided the platforms for “censoring, as far as I can tell,” adding, “I don’t know of any protected speech interests in censoring other speech.
Justice Amy Coney Barrett candidly admitted that “this is a sprawling statute and it makes me a little bit nervous.” She told Prelogar the case contained “a bunch of land” and worried about its “implications” for future cases. Justice Ketanji Brown Jackson likewise complained about “a lot of indeterminacy in this set of facts,” noting that “we’re not quite sure who it covers.
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