The U.S. Supreme Court heard arguments on Monday about the constitutionality of new Florida and Texas laws that limit content moderation on social media platforms. The Court unanimously vacated and returned both laws to the lower courts.on the legality of the laws seeking to restrain social media companies from suppressing content the platforms deem objectionable, the Supreme Court sent the cases back to be reheard.
In this ruling, the Court did not say whether the Florida and Texas laws violate the First Amendment. It simply stated that the states did not apply the correct principles when doing their analyses for their laws. “The judgments are vacated, and the cases are remanded, because neither the Eleventh Circuit nor the Fifth Circuit conducted a proper analysis of the facial First Amendment challenges to Florida and Texas laws regulating large internet platforms,” the Supreme Court’s ruling read.
The opinion was delivered by Justice Elena Kagan. Justices John Roberts, Sonia Sotomayor, Brett Kavanaugh, and Amy Coney Barrett joined in full, with Justice Ketanji Brown Jackson joining in parts.
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