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US Supreme Court throws out rulings on state laws regulating social media

55 pointsby japhyr11 months ago

10 comments

ARandomerDude11 months ago
<a href="https:&#x2F;&#x2F;www.supremecourt.gov&#x2F;opinions&#x2F;23pdf&#x2F;22-277_d18f.pdf" rel="nofollow">https:&#x2F;&#x2F;www.supremecourt.gov&#x2F;opinions&#x2F;23pdf&#x2F;22-277_d18f.pdf</a>
itishappy11 months ago
<a href="https:&#x2F;&#x2F;archive.is&#x2F;pcC0N" rel="nofollow">https:&#x2F;&#x2F;archive.is&#x2F;pcC0N</a>
legitster11 months ago
&gt; Texas has never been shy, and always been consistent, about its interest: The objective is to correct the mix of viewpoints that major platforms present. But a State may not interfere with private actors’ speech to advance its own vision of ideological balance. States (and their citizens) are of course right to want an expressive realm in which the public has access to a wide range of views. But the way the First Amendment achieves that goal is by preventing the government from “tilt[ing] public debate in a preferred direction,not by licensing the government to stop private actors from speaking as they wish and preferring some views over others. A State cannot prohibit speech to rebalance the speech market. That unadorned interest is not “unrelated to the suppression of free expression.” And Texas may not pursue it consistent with the First Amendment.<p>This is about as open and shut as it gets on the Supreme Court, and it&#x27;s crazy that it even went that high.
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bippihippi111 months ago
could this impact the exemption from liability for user posted content?<p>&quot;Section 230(c)(1) of the Communications Decency Act protects social media platforms from liability for harmful content posted on their sites by users&quot;<p>If the social media companies claim that their choice to show or not promote or censor user content is free speech, should that speech still be exempt as if they had no control over it?
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colechristensen11 months ago
&gt;The justices directed lower appeals courts to reconsider their decisions regarding these 2021 laws authorizing the states to regulate the content-moderation practices of large social media platforms. Tech industry trade groups challenged the two laws under the U.S. Constitution&#x27;s First Amendment limits on the government&#x27;s ability to restrict speech.
jauntywundrkind11 months ago
Wow, what a slam. Go back &amp; analyze not just the specific case at hand, but generate a complete analysis of who these laws would apply to, in which circumstances, and the constitutionality of all. I feel like it&#x27;s submitting your homework &amp; being told you need to go do a thesis on the topic to get credit.<p>There&#x27;s some very promising guidance too. Recognizing that there is a right to expression, that these platforms aren&#x27;t magically stripped of their expression rights because they host huge volumes or because they don&#x27;t themselves post kneecaps the rock out of some very strong absurd censorship complainers.<p>&gt; <i>States (and their citizens) are of course right to want an expressive realm in which the public has access to a wide range of views. But the way the First Amendment achieves that goal is by preventing the government from &quot;tilt[ing] public debate in a preferred direction&quot;</i><p>Including forcing companies to achieve that preferred balance for them.<p>Surprisingly promising start. I started in on the opinions but man these are long; interested to see how the various judges tackle this.
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9cb14c1ec011 months ago
&gt; Because this is “a court of review, not of first view,” Cutter v. Wil- kinson, 544 U. S. 709, 718, n. 7, this Court cannot undertake the needed inquiries. And because neither the Eleventh nor the Fifth Cir- cuit performed the facial analysis in the way described above, their decisions must be vacated and the cases remanded. Pp. 9–12.<p>Big nothing-burger here. As I see it, this means it could be years yet before a real Supreme Court decision comes down.
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jmyeet11 months ago
Some context:<p>1. The Fedearl court system is divided into circuits [1]. These circuits can be (and are) organized differently to each other. They generally are divided into Districts (eg the Southern or Eastern District of NY) and may be further divided into divisions, usually with the idea that a person bringing a suit is relatively geographically close to the court. This unfortunately is the basis for &quot;judge shopping&quot; where you basically know what judge you&#x27;ll get if you file in a certain area;<p>2. Florida is in the 11th Circuit. Texas is in the 5th Circuit;<p>3. The Circuits tend to reflect the politics of their constitutent states thanks to the Blue Slip system [2]. So to appoint a Texas judge, you need essentially a sponsor in a US senator from Texas. The politics will tend to align;<p>4. Circuits are divided into Distrct Courts and Appellate Courts (ignoring magistrate judges for now). A decision by a Federal district court is <i>not</i> binding to any other court. If a ruling is appealed it goes to that circuit&#x27;s appellate court. Whatever that appellate court rules is binding <i>to that circuit</i>;<p>5. There are 9 Supreme Court (&quot;SCOTUS&quot;) justices. SCOTUS has absolute discretion in deciding what cases to take. It requires 4 of the justices deciding to take any case. This can be (and has) done strategically, specifically to take or avoid taking a case when a particularly ideological block of the court feels they&#x27;ll get a decision they do or do not want.<p>The court is, and always has been, political.<p>6. One way to force SCOTUS&#x27;s hand is if different circuit appellate courts rule differently on the same fundamental issue. That&#x27;s basically what happened here between the 5th and 11th Circuits.<p>Both Texas and Florida had passed differnet laws against censoring or &quot;deplatforming&quot; political candidates in the wake of, for example, former President Trump being banned from Twitter in the wake of Jan 6. The court said, essentially unanimously, that neither circuit had considered the First Amendment argument against these laws, which is actually pretty wild.<p>It&#x27;s worth adding that the First Amendment (like the entire Constitution) is a restriction of government actions. If this wasn&#x27;t clear enough, the first five words of the First Amendment are, quite literally:<p>&gt; Congress shall make no law ...<p>It&#x27;s worth adding that the 14th Amendment later extended restrictions on government actions to state and local governments.<p>Both the Texas and Florida laws should&#x27;ve failed immediately on First Amendment grounds. SCOTUS simply sent the cases back to the respective courts to consider this issue. I suspect we&#x27;ll see these cases again as one or both of these courts will do mental contortions to decide that these laws have no First Amendment issue.<p>[1]: <a href="https:&#x2F;&#x2F;www.uscourts.gov&#x2F;sites&#x2F;default&#x2F;files&#x2F;u.s._federal_courts_circuit_map_1.pdf" rel="nofollow">https:&#x2F;&#x2F;www.uscourts.gov&#x2F;sites&#x2F;default&#x2F;files&#x2F;u.s._federal_co...</a><p>[2]: <a href="https:&#x2F;&#x2F;en.wikipedia.org&#x2F;wiki&#x2F;Blue_slip_(U.S._Senate)" rel="nofollow">https:&#x2F;&#x2F;en.wikipedia.org&#x2F;wiki&#x2F;Blue_slip_(U.S._Senate)</a>
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pessimizer11 months ago
&gt; The justices directed lower appeals courts to reconsider their decisions regarding these 2021 laws authorizing the states to regulate the content-moderation practices of large social media platforms. Tech industry trade groups challenged the two laws under the U.S. Constitution&#x27;s First Amendment limits on the government&#x27;s ability to restrict speech.<p>The 1st Amendment rights of the corporate-personed platforms were prioritized above the 1st Amendment rights of the people posting on the platforms - implying that as the conveyor of the speech of the individual speakers, the platform&#x27;s rights subsume the rights of the speakers. In other words, people are free to speak to the platform, and the platform is free to communicate that speech as it wishes.<p>The platform is also allowed to define any terms of service it wishes on the user, which can result in editing of speech by the platform, deletion of speech by the platform, of banning users themselves from the platform. And this is just in respect to speech: they can also force mediation, or the granting of rights to the platform to republish the material - exclusive or otherwise. This cannot even be restricted by state law. Could it be restricted by federal law?<p>But under section 230, the platform is indemnified in respect to repeating the unlawful or tortious speech of others that it handles (subject to respecting lawful requests for removal.) However, this still leaves the individuals who spoke liable for that unlawful or tortious speech, even after it was intermediated by the platform, who had constitutionally unlimited ability to restrict it.<p>I don&#x27;t know that there are any limits to how the platform can control the user&#x27;s speech that it carries, and I&#x27;m wondering if this decision means that placing any limits on any platform conveying speech is unconstitutional? While the restrictions on the user by the platform are arbitrary? And while the government can issue lawful orders to delete speech to the platform, and wealthy people can send lawful requests to the platform for speech to be deleted, and the platform then can make arbitrary decisions about what to delete which are now constitutionally protected and can&#x27;t be appealed? Why wouldn&#x27;t they just censor any speech that was challenged?<p>Telephone services were an exception to this, as a &quot;common carrier,&quot; but as they cease to be actual telephone services running over wires and become VOIP systems running over wireless internet, wouldn&#x27;t they have the same rights? And as &quot;common carrier&quot; isn&#x27;t an actual status, but a internal classification by a regulatory agency, does that mean in light of Chevron being rolled back, any telephone company could simply challenge this status and instantly win, <i>or</i> insist that they are now a VOIP service and have the above rights anyway? Even before Chevron was rolled back, was this simply something that could be changed by regulators on a whim?<p>Does this effectively end all free speech for people who do not own presses, or telephone companies, in a way that has been declared to be absolute i.e. it would be a constitutional violation to establish any limits on platform editorial control or disconnection of services altogether for any platform&#x27;s arbitrary reasons?<p>Also, since Chevron is gone, unless there has been some law passed by Congress specifically designating who common carriers are, could this give electric companies editorial control over how people use electricity, or water companies editorial control over how people use water?<p>I really don&#x27;t understand any of this, and it is alarming. Instead of Congress or the courts establishing a reasoable framework about how to regulate speech on the internet, it has just handed individuals&#x27; 1st Amendment rights to the people who own the internet. We&#x27;re only left with speaking with our mouths, in public, and our ability to do that is also severely limited (although through different means.)<p>Scary times.
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calibas11 months ago
It&#x27;s interesting how fast political ideology goes out the window. Here we have the Republicans fighting for increased government regulation of private businesses, while Democrats are arguing it&#x27;s unconstitutional and violates &quot;free speech&quot;.
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