The United States Supreme Court is considering whether to uphold a Republican-backed law in Florida and Texas that would restrict social media companies’ ability to moderate content based on the claim that they disfavor conservative speech.
The law was challenged by the Computer and Communications Industry Association and NetChoice, which represents platforms like YouTube and Facebook.
The groups say that the law infringes on the companies’ free speech rights under the First Amendment, as it restricts their ability to choose what content they wish to be published on their platforms.
Other tech companies that oppose the laws include Reddit, Yelp, Discord, and numerous others.
The laws went into place in 2021 in the Republican-led states after Twitter and Facebook banned former President Donald Trump following his efforts to overturn the 2020 presidential election.
Both of the laws would require companies to provide individualized explanations to users when content is removed instead of blanket reasonings, along with other content moderation restrictions.
Florida’s law would prevent companies from banning public figures running for political offices as well as restrict “shadow banning,” where users’ content is made difficult to find.
The state has said that the actions of some companies were equal to censorship.
The Texas law has similar restrictions, preventing platforms from banning users based on the views they express online.
Both laws would also require companies to disclose their moderation policies.
The states are arguing that social media companies are essentially a part of the telecommunications industry, which transmits speech but has no editorial input.
Florida Attorney General Ashley Moody wrote in court papers that the law “does little more than require the platforms to adhere to their general business practice of holding themselves open to all comers and content, which is how common-carrier regulation has functioned for centuries.”
However, the trade groups say that there are several differences between social media and the telecommunications industry. The groups say that “editorial discretion” is used often when regulating spam, trolling, and hateful rhetoric.