On February 26, 2024, the U.S. Supreme Court will hear oral arguments in two cases—NetChoice v. Paxton and Moody v. NetChoice—that address whether Florida and Texas can enact laws prohibiting social media platforms from moderating content posted by their users.
The Florida law predominantly limits social media platforms’ ability to “censor”—demonetize, remove, or otherwise restrict—political candidates and certain journalistic outlets. It would also prevent the platforms from moderating harmful mis- and disinformation from several sources, even prohibiting them from attaching labels that guide users to verified information. The Texas law is far broader, preventing most widely used websites, from Facebook and X, formerly known as Twitter, to Etsy and Yelp, from enforcing community standards by prohibiting the removal of nearly any content that’s based on viewpoint. This includes preventing the removal of heinous and objectionable material—Nazi propaganda, deepfakes, socially damaging conspiracy theories, etc.—from any platform unless it falls under specific narrow exceptions, particularly within the narrowly and technically legal definition of being “unlawful.”