Supreme Court protects the future of content moderation / The NetChoice decision means curating, compiling, and moderating a feed is a First Amendment-protected activity.
The court was also critical of the Texas legislature’s reasoning for passing the law.“The record reflects that Texas officials passed it because they thought those feeds skewed against politically conservative voices,” the majority opinion says.“But this Court has many times held, in many contexts, that it is no job for government to decide what counts as the right balance of private expression — to ‘un-bias’ what it thinks biased, rather than to leave such judgments to speakers and their audiences.
SCOTUS said the lower courts did not do enough work for it to review the cases on the merits.“Maybe the parties treated the content-moderation choices reflected in Facebook’s News Feed and YouTube’s homepage as the laws’ heartland applications because they are the principal things regulated, and should have just that weight in the facial analysis,” Kagan wrote.“Or maybe not: Maybe the parties’ focus had all to do with litigation strategy, and there is a sphere of other applications — and constitutional ones — that would prevent the laws’ facial invalidation.
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