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First Amendment › Social Media › Censorship

The First Amendment to the United States Constitution prohibits the government from making laws respecting the establishment of religion, prohibiting the free exercise of religion, abridging the freedom of speech... more +
The First Amendment to the United States Constitution prohibits the government from making laws respecting the establishment of religion, prohibiting the free exercise of religion, abridging the freedom of speech or the press, preventing citizens from peacefully assembling, or interfering with citizens' ability to petition the government for redress of their grievances. The First Amendment is one of the most sacred aspects of the American legal tradition and has spawned a vast body of jurisprudence and commentary. less -
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

Pillsbury - Internet & Social Media Law Blog on

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

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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

Snell & Wilmer

Supreme Court Clarifies First Amendment and Standing Standards Applicable to Social Media Content Moderation Policy Challenges

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Social media companies have long moderated the type of content that appears on a person’s home page by, for instance, deleting explicit posts or “downgrading” posts containing misinformation. Based on the belief that these...more

Dorsey & Whitney LLP

The Supreme Court Update - June 26, 2024

Dorsey & Whitney LLP on

The Supreme Court of the United States issued two decisions today: Murthy v. Missouri, No. 23-411: This case involves challenges to federal government communications with social media companies related to content...more

Nossaman LLP

Public Officials and Social Media Posts: U.S. Supreme Court Provides Guidance on First Amendment Compliance

Nossaman LLP on

In its recent opinions in Linke v. Freed and O’Connor-Ratcliff v. Garnier, the U.S. Supreme Court considered if and when public officials violate the First Amendment rights of members of the public by blocking them from the...more

Epstein Becker & Green

Public Officials Subject to Suits for Blocking Social Media Critics, “Safety Valve” Relief from Mandatory Minimums Is Limited -...

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On Friday, March 15, a unanimous Supreme Court decided two companion cases (Lindke v. Freed and O’Connor-Ratcliff v. Garnier) that resolved a split in the Circuits concerning whether public officials can be held liable under...more

Fox Rothschild LLP

Public Official’s Use of Social Media May Trigger First Amendment Scrutiny

Fox Rothschild LLP on

The U.S. Supreme Court has established guidelines for determining when a public official’s use of a private social media platform such as Facebook, X or Nextdoor constitutes public speech that cannot be censored. State and...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

Cozen O'Connor

#NoFilter: Can States Regulate the Content of Social Media Platforms?

Cozen O'Connor on

In this edition of #NoFilter, we will examine a recent September 16, 2022, decision from the Fifth Circuit Court of Appeals upholding a Texas state law impacting the power of social media platforms to moderate content on...more

Vinson & Elkins LLP

Court Enjoins Texas Social Media “Censorship” Law

Vinson & Elkins LLP on

On December 1, 2021, Judge Pitman of the Western District of Texas granted a preliminary injunction to prevent the Texas Attorney General from enforcing HB 20. NetChoice v. Paxton. HB 20 prohibits large social media platforms...more

Saiber LLC

Texas Enjoined from Enforcing Law Targeting Some Social Media Platforms

Saiber LLC on

The August 13, 2021 Trending Law Blog post discussed how the United States District court for the Northern District of Florida enjoined Florida from enforcing a law that targeted some, but not all, social media platforms...more

Morrison & Foerster LLP - Social Media

District Court Enjoins Controversial Texas House Bill 20

Morrison & Foerster LLP - Social Media on

Over the past several years, Section 230 of the Communications Decency Act, the federal law that provides social media platforms with immunity from liability for user content and was once hailed as “the law that gave us the...more

Saiber LLC

Florida Enjoined from Enforcing Law Targeting Some Social Media Platforms

Saiber LLC on

Earlier this year, Florida enacted Senate Bill 7072 - The Stop Social Media Censorship Act - which imposed requirements and prohibitions on some, but not all, social media platforms relating to the speech hosted on their...more

Womble Bond Dickinson

Should CDA Section 230 Be Changed?

Womble Bond Dickinson on

In the current environment of reckoning for the societal power of Big Tech, one threat seems ever-present on the tongues of those who would cut these companies down to size. Enacting this threat is likely to have the opposite...more

Spilman Thomas & Battle, PLLC

Trump vs. Twitter: The Feud Over Section 230 and Online Censorship

Spilman Thomas & Battle, PLLC on

As part of Spilman's Decoded: Technology Law Insights e-newsletter, Spilman members Joseph Schaeffer and Nick Mooney discuss Section 230 of the Communications Decency Act and how it plays into President Trump's recent...more

Jones Day

Net Neutrality Proposals for Tech Platforms Raise First Amendment Concerns

Jones Day on

The Issue: Tech platforms face a hostile environment in Washington, with bipartisan consensus building behind proposals for additional regulation. The Situation: Regulating how tech companies transmit online content is the...more

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