The Supreme Court on Monday wiped existing rulings around two state laws that aim to prevent tech companies from banning users over potentially harmful rhetoric. The move prolongs a debate over whether Republicans will be able fight what they view as “censorship” by leading social media platforms.
The Court sent the issue back to lower courts for further review, arguing that the previous rulings failed to properly explore whether the content moderation laws would be unconstitutional under all circumstances.
Texas and Florida have passed legislation that Republican lawmakers claim will stop tech companies including Facebook parent Meta; X, formerly known as Twitter; and Google’s YouTube from stifling conservative opinions. The states argue the laws ensure all users have equal access to the platforms, while the tech companies, which are represented by groups including NetChoice, say they violate the companies’ free speech rights.
Justice Elena Kagan wrote the majority opinion, and no justices dissented. …