At the US Supreme Court, Republican AGs support social media laws in Texas and Florida

A coalition of 19 states, led by Republican attorneys general, has submitted a friend-of-the-court brief urging the U.S. Supreme Court to treat social media companies as utilities akin to telephone or telegraph companies. The states, including Texas and Florida, are advocating for the upholding of state laws that restrict social media companies like Meta, YouTube, and X from moderating user-posted content. They argue that the concentration of economic power in tech platforms justifies laws forcing social media companies to carry all online speech.

The contested state laws, which claim to be “anti-censorship,” have faced criticism from the tech industry, with platforms arguing that they violate their First Amendment rights to manage content moderation on their private spaces. The Supreme Court case has far-reaching implications for the future of social media moderation and online political speech. Scheduled for oral argument next month, it could impact the landscape of social media during the upcoming presidential election cycle.

In their brief, the states draw parallels between social media companies and historical utilities like telegraph and telephone services. They argue that such similarities justify implementing strict rules against discrimination based on political viewpoint. The central question posed to the court is whether companies like Facebook are more akin to newspapers, parade organizers, or website designers, or if they share similarities with utilities like telephones, telegraphs, schools, and shopping malls.

The states contend that the proposed rules are necessary due to the entrenched power of dominant social media companies, which they claim use unprecedented power to censor mainstream speakers on vital public debate issues. However, the tech industry has consistently maintained that their services are politically neutral, with content moderation practices designed to combat spam, fraud, incitement, misinformation, or other harmful content.

The case has divided U.S. appeals courts, with the 5th U.S. Circuit Court of Appeals supporting Texas’s law in 2022, while the 11th U.S. Circuit Court of Appeals sided with the tech industry. The Supreme Court’s decision could have a significant impact on the regulation of social media content moderation.