The US Supreme Court has agreed to hear cases challenging the censorship practices of Big Tech platforms like Facebook, YouTube and Google. The court will review the constitutionality of state laws in Florida and Texas that prohibit tech giants from canceling users based on their political views. The outcome of these cases could have a significant impact on the future of free speech and democracy in the digital age.
Big Tech censorship under fire
Big Tech platforms have been accused of censoring political views they don’t like, taking down posts, deplatforming users and burying information. The most prominent example of this was the suspension of former President Donald Trump’s accounts on Facebook, Twitter and YouTube after the Capitol riot on January 6, 2021. Many conservatives and free speech advocates have criticized Big Tech for violating the First Amendment rights of users and interfering with the public discourse.
In response, some states have enacted or proposed laws to protect users from Big Tech censorship. Florida and Texas are among the first states to pass such laws, which require tech platforms to apply consistent and transparent standards for moderating content, and allow users to sue them for violating their free speech rights. The laws also prohibit tech platforms from discriminating against users based on their political affiliation or viewpoint.
Big Tech challenges state laws
However, Big Tech platforms have challenged these state laws in court, arguing that they violate their own First Amendment rights to control their own platforms and editorial decisions. They also claim that the state laws are preempted by federal law, namely Section 230 of the Communications Decency Act, which grants them immunity from liability for user-generated content.
The lower courts have issued conflicting rulings on these state laws. The Fifth Circuit Court of Appeals upheld the Texas law, deciding that corporations do not have a “right to muzzle speech”. But the Eleventh Circuit Court of Appeals struck down the Florida law, arguing that Big Tech platforms have a First Amendment right to pick and choose views like a newspaper does.
Supreme Court to resolve the conflict
The US Supreme Court announced on Friday that it will review these conflicting rulings and decide whether the state laws are constitutional or not. The court will hear oral arguments in the cases in early 2024 and issue a decision by June 2024.
The court’s decision could have far-reaching implications for the regulation of Big Tech platforms and the protection of free speech online. Many observers expect Justice Clarence Thomas to lead a majority of the justices to conclude that Internet censorship is inconsistent with democracy and must be stopped. Thomas has argued against Big Tech censorship since at least 2021, saying these companies should have to serve all customers, just like phone companies, utilities and public accommodations.
