Episode description

On July 1, the Supreme Court issued a 9-0 ruling in NetChoice v. Moody, a case on Florida and Texas’s social media laws aimed at preventing companies like Facebook and YouTube from discriminating against users based on their political beliefs. The court essentially kicked the cases back down to lower courts, the Fifth and Eleventh Circuits, because they hadn’t fully explored the First Amendment implications of the laws, including how they might affect direct messages or services like Venmo and Uber. While both sides declared victory, the laws are currently enjoined until the lower court complete their remand, and a majority of justices in their opinions seemed skeptical that regulating the news feeds and content algorithms of social media companies wouldn’t violate the firms’ First Amendment rights. Other justices like Samuel Alito argued the ruling is narrow and left the door open for states to try and regulate content moderation.

So how will the lower courts proceed? Will any parts of the Florida and Texas laws stand? What will it mean for the future of social media regulation? And could the ruling have spillover effects into other areas of tech regulation, such as efforts to restrict social media for children or impose privacy regulations? Evan and Luke are joined by Daphne Keller, Platform Regulation Director at Stanford’s Cyber Policy Center. Previously, she was Associate General Counsel at Google where she led work on web search and other products. You can read her Wall Street Journal op-ed on the case here and her Lawfare piece here.