thomas_a_berry

Although the Supreme Court's opinion in the NetChoice cases did not reach the merits, this passage from Justice Kagan's majority opinion is hugely important and a victory for the view that both NetChoice and Cato urged. https://www.supremecourt.gov/ ... [image]

2024-07-02 View on X

CBS News

SCOTUS orders lower courts to take another look at Texas' and Florida's social media laws, saying neither lower court conducted proper analysis of 1A challenges

The First Amendment was written in the 18th century … The Hill : Morning Report — Is a Trump election interference trial off the table? CCIA : Supreme Court Issues Ruling in CCIA, ...

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No matter what procedural resolution the Court chooses, the good news is that the Court seems unlikely to endorse the states' sweeping and dangerous arguments that a government may tell websites what to publish without inflicting any First Amendment injury.

2024-02-27 View on X

Bloomberg

During oral arguments, SCOTUS justices seemed reluctant to strike down Texas' and Florida's social media laws, but raised concerns about companies' 1A rights

Update Tim Wu / New York Times : Big Tech's Latest Power Grab: the Constitution Washington Post : A roundup of the oral arguments made in the Supreme Court for two cases involving ...

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After four hours, it appears that a majority of the Court is likely to find that the laws violate the First Amendment, at least when they force traditional social media sites like Facebook and X to change their moderation practices and disseminate speech they want to exclude.

2024-02-27 View on X

Bloomberg

During oral arguments, SCOTUS justices seemed reluctant to strike down Texas' and Florida's social media laws, but raised concerns about companies' 1A rights

Update Tim Wu / New York Times : Big Tech's Latest Power Grab: the Constitution Washington Post : A roundup of the oral arguments made in the Supreme Court for two cases involving ...

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What is less clear is how the Court will resolve the case. Justice Jackson and others raised concerns about whether they knew enough about the full sweep of the laws (especially Florida's law) to make an informed judgment as to whether some applications might be constitutional.

2024-02-27 View on X

Bloomberg

During oral arguments, SCOTUS justices seemed reluctant to strike down Texas' and Florida's social media laws, but raised concerns about companies' 1A rights

Update Tim Wu / New York Times : Big Tech's Latest Power Grab: the Constitution Washington Post : A roundup of the oral arguments made in the Supreme Court for two cases involving ...

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Among the nine justices, only Justices Thomas and Alito seemed potentially sympathetic to the argument that the laws might be fully compatible with the First Amendment.

2024-02-27 View on X

Bloomberg

During oral arguments, SCOTUS justices seemed reluctant to strike down Texas' and Florida's social media laws, but raised concerns about companies' 1A rights

Update Tim Wu / New York Times : Big Tech's Latest Power Grab: the Constitution Washington Post : A roundup of the oral arguments made in the Supreme Court for two cases involving ...

View original