News & Analysis as of

Supreme Court of the United States Online Platforms

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
Saiber LLC

The NetChoice Social Media Cases: Back to the Beginning

Saiber LLC on

​​​​​​​In a past Trending Law Blog post on November 1, 2023, we discussed how the Supreme Court of the United States granted petitions for certiorari in Florida’s NetChoice LLC v. Moody case and Texas’ NetChoice LLC v. Paxton...more

Pillsbury - Internet & Social Media Law Blog

In the Supreme Court’s NetChoice Rulings, the Court Leaves the Door Open for Future Social Media Content Moderation Regulations

Are social media companies more like newspapers or phone companies? This oft-debated question in social media legal circles, while seemingly trivial on the surface, represents a momentous debate over whether—and how...more

Pillsbury - Internet & Social Media Law Blog

In Murthy v. Missouri, SCOTUS Focus on Plaintiff Standing Sidesteps Underlying, Larger First Amendment Questions

A recent U.S. Supreme Court decision may have substantial effects on social media censorship. Based on their content-moderation policies, social media platforms have taken actions to suppress certain categories of speech,...more

Bilzin Sumberg

Supreme Court’s Social Media Ruling Tilts Toward Free Speech

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The US Supreme Court this month declined to rule on whether Florida and Texas laws limiting social media platforms’ content moderation violates the First Amendment, sending the issue back to the lower courts. But in doing so,...more

Hogan Lovells

Online Speech Showdown: Six Takeaways from Moody v. NetChoice

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The U.S. Supreme Court recently released its decision in Moody v. NetChoice, providing some much-needed guidance to lower courts on the application of the First Amendment to laws regulating content moderation practices of...more

Clark Hill PLC

SCOTUS Remands Social Media Content Moderation Cases and Signals Content Moderation as a First Amendment-Protected Activity

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The First Amendment still imposes some limits on the government’s ability to control what content appears online. On July 1, the United States Supreme Court issued its opinion in Moody v. NetChoice and NetChoice v. Paxton,...more

WilmerHale

What's Next After Major First Amendment Win For Online Companies In Supreme Court's NetChoice Decision?

WilmerHale on

On July 1, the Supreme Court issued one of its most significant decisions regarding First Amendment rights on the internet in the NetChoice cases. At issue were a pair of facial First Amendment challenges to Texas and Florida...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Moody et. al., v. NetChoice, LLC, and NetChoice, LLC v. Paxton

On July 1, 2024, the U.S. Supreme Court decided Moody et. al., v. NetChoice, LLC, and NetChoice, LLC, v. Paxton, in which the Eleventh Circuit and Fifth Circuit Courts of Appeals had reached opposite decisions about a state’s...more

Carlton Fields

Top First Amendment Cases of the 2023-2024 Supreme Court Term

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The U.S. Supreme Court stepped back from the brink in a term that could have reshaped First Amendment law for the internet age. ...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Murthy v. Missouri

On June 26, 2024, the U.S. Supreme Court decided Murthy v. Missouri, No. 23-411, holding that neither the individual plaintiffs nor the state plaintiffs established standing to seek an injunction prohibiting governmental...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Coinbase, Inc., v. Suski

On May 23, 2024, the U.S. Supreme Court decided Coinbase, Inc., v. Suski, No. 23-3, holding that when parties have agreed to two contracts — the first sending arbitrability disputes to arbitration, and the second sending...more

Cozen O'Connor

Bipartisan AGs Argue Section 230 Immunity for Online Platforms is Untenable “Engine of Human Misery”

Cozen O'Connor on

A coalition of 20 Republican and three Democratic AGs submitted an amicus brief to the U.S. Supreme Court in the case Doe v. Snap, Inc., No. 23-961, urging the Court to grant petitioner’s writ of certiorari and reverse the...more

Dinsmore & Shohl LLP

Supreme Court Issues Warning for Public Officials Using Social Media

Dinsmore & Shohl LLP on

“Public service is a noble calling” that requires great sacrifice, often requiring public officials to surrender personal conveniences in favor of public business. An off-duty police officer jumps into action when there is...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Lindke v. Freed

On March 15, 2024, the U.S. Supreme Court decided Lindke v. Freed, No. 22-611, holding that a public official who prevents someone from commenting on the official’s social media page engages in state action under 42 U.S.C. §...more

Frantz Ward LLP

Who Controls What We See and Post Online? U.S. Supreme Court to Decide Landmark Free Speech Case

Frantz Ward LLP on

Earlier this week, the U.S. Supreme Court heard oral arguments in two cases which could drastically change the nature of internet discourse.  The cases, NetChoice v. Paxton and Moody v. NetChoice, involve Florida and Texas...more

Vinson & Elkins LLP

Is Everything Better in Moderation? Circuit Split on Content Moderation to Be Heard by SCOTUS

Vinson & Elkins LLP on

On February 26, 2024, the United States Supreme Court is set to hear oral argument in two cases currently before the Court, Moody v. NetChoice and NetChoice v. Paxton. At their core, these cases raise the question as to...more

Cranfill Sumner LLP

Anti-Social Media Behavior, Free Speech and Governmental Liability: I – Lindke v. Freed

Cranfill Sumner LLP on

In April 2023, the U.S. Supreme Court granted certiorari to a pair of cases dealing with the intersection of free speech, social media, and governmental liability.  Both cases deal with § 1983 actions against governmental...more

Saiber LLC

U.S. Supreme Court Agrees Grants Certiorari in the Two NetChoice Cases

Saiber LLC on

​​​​​​​In past Trending Law Blog posts on August 13, 2021, November 17, 2021, December 16, 2021, and September 8, 2022, we discussed the two NetChoice cases that arose in Florida (NetChoice, LLC v. Moody) and Texas...more

Venable LLP

Should I Stay or Should I Go? Supreme Court Gives Arbitrability Appeal Automatic Stay

Venable LLP on

Every day, untold thousands get online to buy goods, book services, or sell something. And almost without fail, they are greeted with a Terms and Conditions pop-up. Then, perhaps the most common human experience of the...more

Kohrman Jackson & Krantz LLP

Supreme Court Rules in Favor of Online Harasser

Online threats and harassment pose a significant problem in today’s digital landscape. With the Internet’s global reach, the ease of publishing and posting content, and the potential for anonymity or lack of consequences,...more

McGlinchey Stafford

Stop the Case: SCOTUS Resolves Circuit Split on Stays Pending Appeal of Arbitration Decision

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Resolving a circuit split, the Supreme Court ruled that litigation, including discovery, is automatically stayed when a party appeals the denial of a motion to compel arbitration under the Federal Arbitration Act (FAA). ...more

Ballard Spahr LLP

SCOTUS: appeal from denial of arbitration automatically stays lower court proceedings

Ballard Spahr LLP on

Last week, the U.S. Supreme Court held in a 5-4 decision that an appeal of the denial of a motion to compel arbitration automatically stays lower court proceedings pending the outcome of the appeal. The decision in Coinbase,...more

Burr & Forman

Supreme Court: District Court Must Stay its Proceedings While an Interlocutory Appeal is Taken on the Question of Arbitrability

Burr & Forman on

On June 23, 2023, in Coinbase v. Bielski, the Supreme Court issued a ruling holding that a district court must stay its proceedings while an interlocutory appeal of the issue of arbitration is ongoing. The 5-4 decision...more

McGuireWoods LLP

Supreme Court Rules that District Courts Must Stay Proceedings Pending Interlocutory Appeals of Denials of Motions to Compel...

McGuireWoods LLP on

On June 23, 2023, the Supreme Court issued a decision in Coinbase, Inc. v. Bielski, No. 22-105, 2023 WL 4138983 (U.S. June 23, 2023), that will provide further protection for parties seeking arbitration. The issue presented...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Coinbase, Inc. v. Bielski

On June 23, 2023, the U.S. Supreme Court decided Coinbase, Inc. v. Bielski, holding that litigation in district court is automatically stayed when a party appeals the denial of a motion to compel arbitration, reversing the...more

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