The Supreme Court of the United States (SCOTUS) on Monday heard arguments in a pair of cases that could have massive implications for social media platforms, with some of the justices giving hints as to how they might ultimately rule.
The cases in question pertain to two broadly similar laws enacted in Florida and Texas in 2021 that limit the ability of larger social media platforms to enact content moderation policies and remove certain subject matter. The laws were created in the wake of former President Donald Trump’s removal from Twitter after the January 6 attack on the U.S. Capitol, with Republican-led states claiming that social media platforms were targeting conservatives with censorship. The platforms countered that they were only focusing on instances of misinformation, hate speech and other harmful content.
Previously, NetChoice, a lobbying group representing companies like TikTok, Facebook, and X, formerly Twitter, sued attorneys general Ashley Moody and Ken Paxton, of Florida and Texas respectively, to block the laws. This resulted in an appeals court ruling that sided with NetChoice in blocking parts of the Florida law, and another that sided with Texas in upholding its version of the law. This legal rift led to both cases now being argued before SCOTUS, as the high court’s ruling could have massive implications for how social media companies are able to moderate their platforms.
During initial arguments, certain comments from the court justices were highlighted by observers as key clues to how they might ultimately rule. Writing for The Washington Post, reporter Cristiano Lima-Strong noted that Justice Sonia Sotomayor, a member of of the court’s liberal wing, said she was inclined to side with Justice Samuel Alito, a member of the conservative wing, in choosing to vacate that Florida appellate ruling and remand it back to the lower court, though she also said she might consider leaving the injunction in place.
Supreme Court Justice Sonia Sotomayor is pictured speaking at an event in Boston, Massachusetts, on September 12, 2019. Sotomayor’s comments during arguments for two cases concerning state laws prohibiting social media content moderation were singled…
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“Justice Sonia Sotomayor said her initial inclination in the case, like Justice Samuel Alito’s, was to vacate an earlier ruling blocking key provisions in Florida’s law and remand it to a lower court, but suggested that she may affirm the injunction in the meantime,” Lima-Strong wrote. The remark offered one of the clearest glimpses into how the court may rule in the matter.”
At another point in the proceedings, however, Sotomayor sounded critical of the scope of Florida’s law, calling it “so, so broad,” suggesting that her ultimate decision might fluctuate.
“It covers almost everything,” Sotomayor said. “But one thing I know about the internet is that its variety is infinite.”
Newsweek reached out to legal experts via email on Monday evening for comment. Any responses received will be added to this article in a later update.
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