Supreme Court to Hear Challenge to Anti-Content Moderation Laws

Lawsuits seek to affirm First Amendment rights of social media platforms

Sep 29, 2023

Today the Supreme Court granted cert in NetChoice & CCIA v. Moody and NetChoice & CCIA v. Paxton, two cases challenging laws in Florida and Texas targeting social media platforms’ ability to moderate content. The laws prohibit social media platforms from removing, downranking, or banning certain content and users, and mandate platforms reveal content moderation practices.  

Last year, Chamber of Progress led a coalition of 20 groups – including family safety advocates, civil rights organizations, and technology industry associations – encouraging the Supreme Court to halt implementation of Texas’ law. The brief highlighted how the law would force social media companies to provide a platform for hate speech, disinformation, and other harmful rhetoric.

“Most people don’t want their social media feeds cluttered with hate, hoaxes, or disinformation, which makes content moderation essential,” said Jess Miers, Legal Advocacy Counsel for Chamber of Progress.  “The Supreme Court has the opportunity to clearly affirm online platforms’ own First Amendment rights to keep their communities safe and healthy.”

Earlier this year, the Department of Justice expressed its own support for the Court hearing these cases, stating the Biden Administration’s belief that “When a social-media platform selects, edits, and arranges third-party speech for presentation to the public, it engages in activity protected by the First Amendment.”

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Chamber of Progress (progresschamber.org) is a center-left tech industry policy coalition promoting technology’s progressive future.  We work to ensure that all Americans benefit from technological leaps, and that the tech industry operates responsibly and fairly.  

Our corporate partners do not have a vote on or veto over our positions. We do not speak for individual partner companies and remain true to our stated principles even when our partners disagree.