Content Moderation and the Constitution: The Supreme Court's Social Media Cases

On February 26, 2024, the U.S. Supreme Court heard oral arguments in two NetChoice cases: NetChoice v. Paxton and Moody v. NetChoice. Both address whether states can enact laws that bar social media platforms from moderating content posted by users. This program will review the Florida and Texas laws, the issues presented and First Amendment implications, lower courts’ conflicting rulings, and possible U.S. Supreme Court rulings and their effect on “free expression.” In addition, the panel will examine Murthy v. Missouri, to be heard by the U.S. Supreme Court on March 18. In this case, a lower court ruled that several federal agencies committed First Amendment violations concerning COVID-19 and other public health communications to social media platforms.