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Supreme Court Rightly Prioritizes First Amendment in Florida and Texas Social Media Law Review, Says ITIF

July 1, 2024

WASHINGTON—Following the Supreme Court’s decision today in the case of Moody v. NetChoice, ruling on Florida and Texas’ social media laws, the Information Technology and Innovation Foundation (ITIF), the leading think tank for science and technology policy, issued the following statement from Senior Policy Manager Ash Johnson:

Free speech rights do not end on social media. The Supreme Court’s decision to remand the cases against Florida and Texas rightly prioritized the First Amendment issues that are at the heart of both cases. In attempting to regulate social media platforms’ editorial decisions, Florida and Texas threaten the free speech rights not just of those platforms but of their users.
The Internet economy has flourished in the United States under a light-touch regime that safeguards the free speech of platforms and users. The result is a plethora of online services, including social media networks, offering different experiences to meet the needs of diverse users.
Florida and Texas’ laws both threaten the stability of the Internet economy by dictating how social media platforms can operate with regards to political speech, one of the most important forms of free speech in a democracy. The Fifth and Eleventh Circuit Courts, in their upcoming review of these laws, should consider these issues when following the Supreme Court’s instruction to review the laws’ First Amendment implications.

Contact: Nicole Hinojosa, [email protected]


The Information Technology and Innovation Foundation (ITIF) is an independent, nonprofit, nonpartisan research and educational institute focusing on the intersection of technological innovation and public policy. Recognized by its peers in the think tank community as the global center of excellence for science and technology policy, ITIF’s mission is to formulate and promote policy solutions that accelerate innovation and boost productivity to spur growth, opportunity, and progress.

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