This term at the Supreme Court saw a number of resounding wins for both online speech and internet users. In Gonzalez v. Google, Twitter v. Taamneh, and 303 Creative v. Elenis, the court provided significant insights into its views on both speech and the uniqueness of the internet.
303 Creative was, in many ways, a follow-up of the court’s previous decision in Masterpiece Cakeshop v. Colorado Civil Rights Commission, which tested the applicability of a Colorado anti-discrimination statute to expressive speech.
Notably, as Justice Neil Gorsuch wrote in the opinion in 303 Creative, “All manner of speech — from 'pictures, films, paintings, drawings, and engravings,' to 'oral utterance and the printed word' — qualify for the First Amendment’s protections; no less can hold true when it comes to speech … conveyed over the Internet.” This illustrates that the court understands that new technologies do not fundamentally alter the principles at the heart of the First Amendment.
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