The US Supreme Court, a body equivalent to the Federal Supreme Court, on Monday (26) began ruling on two actions that could change the way Facebook, Instagram, TikTok, X (formerly Twitter) and other social networks operate today.
The justices are analyzing two laws from Texas and Florida, passed in 2021, months after Facebook and Twitter decided to ban Donald Trump over his posts related to the January 6 attack of that year on the US Capitol.
Although the details differ Both pieces of legislation aim to deal with complaints from conservative politicians That social media companies are liberal-leaning and censor users based on their opinions.
State laws passed by Texas and Florida prohibit social networks from moderating posted content and revoke their authority to remove posts.
- In its legislation, the state of Florida prohibits social networks from removing the profiles of election candidates;
- The state of Texas prohibits the removal of posts with political content.
Experts interviewed by The New York Times believe that if the Supreme Court deems these laws constitutional, companies will be forced to keep content they don't want and create specific versions of their platforms for these states (and for other states that may create social networking laws).
Several academics and privacy advocacy groups told the court they consider the two laws in question unconstitutional, but acknowledged that the justices should preserve the state government's ability to regulate social media companies to some extent.
The process is the Florida Governor's call
Associations representing social media companies filed a lawsuit in federal court, claiming that the laws violate the platforms' rights of expression.
This action invalidated the Florida law, so the governor appealed to the Supreme Court, to have it take effect again..
In a statement when he signed the bill, Florida Governor Ron DeSantis, a supporter of the law that removes power from social media, considered it a protection for society against the interests of “Silicon Valley elites,” as he put it. I rated it.
DeSantis is a member of the Republican Party, like Donald Trump.
Trump's lawyers also filed a brief in the Florida case asking the court to uphold the state law.
“They are stifling public discourse,” says Texas Attorney General.
Unlike Florida, Texas law is still in effect.
The major technology associations filed an appeal with the Supreme Court to overturn the Texas decision. They argued that platforms have the right to decide what to host and what to delete.
For Texas Attorney General Ken Paxton, “people around the world use social media to communicate with friends, family, politicians, and the general public. Like the telegraph companies of the past, today's social media giants use their control over the mechanics of this 'modern public square' to direct Public discourse is often stifled.
On Monday, the justices will begin collecting arguments in both cases and a decision could be made in June 2024.
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