Kyle Marcelino Tech 02.26.2024 21:Feb PM EST

US Supreme Court Questions Texas, Florida Over Self-Regulation on Social Media

The US Supreme Court expressed concerns on implications to the First Amendment over Texas's and Florida's proposal to self-regulate social media platforms.

The hearing revolved around the states' earlier laws forcing social media companies to not censor certain speeches and posts on their platform.

(Photo : Samuel Corum/AFP via Getty Images)

According to The Wall Street Journal, several justices have been reported to express "sympathy" towards Florida's arguments but felt its 2021 laws to be broadly-written.

This coincides with the arguments from the tech trading groups representing the social media companies, likening the sites to news publications and bookstores that have the right to decide what content appears on their platforms.

Forcing the companies to comply with a state's content regulation law poses a possible violation on free speech under the First Amendment.

The laws were passed following the Jan. 6 Capitol attack where Facebook, Twitter (now X), and YouTube removed accounts and posts found to be violating its policies against inciting violence.

Among the de-platformed accounts was former President Donald Trump, who is currently indicted over the Capitol attack, for inciting the riots on their platforms.

Also Read: 2020 Elections Denialism Ads Are Back on Facebook, Instagram

Texas, Florida Move to Self-Regulate Social Media

While their 2021 legislations are currently the biggest moves towards regulating social media within their state, this was not the first time both Florida and Texas have attempted to pass similar laws.

In June of last year, Texas Gov. Greg Abbott signed a law that is effectively blocking users under the age of 18 from social media without their parent's consent.

This is in addition to the upheld legislation banning TikTok apps from all state-owned devices.

Then just last week, Florida passed a bill banning users under the age of 16 from accessing social media ahead of the proposed Kids Online Protection Act.

Both Republican-led states cited concerns about social media negatively affecting children's well-being on the internet.

Abbott and Florida Gov. Ron DeSantis have received heavy criticisms on social media, primarily from younger generations, in the past for their policies and governance in the states.

How Will the Supreme Court Decision Affect the Future of Social Media in the US?

Whether the Supreme Court ruled in favor of the states or the social media companies, the decision is expected to create a precedent on how social media will soon cater content to the public.

CNN reported that the Supreme Court's ruling could potentially give way for people, institutions, and agencies to sue social media companies over their content moderation policies.

As of writing, social media firms are protected from lawsuits in regard to content policies under Sec. 230 of the Communications Decency Act.

Watchdogs and justices expressed concerns on possible implications of the proposed laws as a form of "Orwellian" governance to what content is acceptable and not in each state.

With the 2024 Elections around the corner, the risk of misinformation remaining on social media platforms is seen more likely to happen if such laws were implemented.