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☆ Supreme Court punts social media moderation cases back to lower courts
▼ + stars: | 2024-07-01 | by ( Ashley Capoot | In | ) www.cnbc.com time to read: +1 min

Chris Marchese (L), director of the NetChoice Litigation Center, looks on as Matt Schruers (C), president and CEO of the Computer & Communications Industry Association, speaks to reporters outside of the U.S. Supreme Court in Washington, D.C., on Feb. 26, 2024. The Supreme Court on Monday wiped existing rulings around two state laws that aim to prevent tech companies from banning users over potentially harmful rhetoric. The move prolongs a debate over whether Republicans will be able fight what they view as "censorship" by leading social media platforms. The Court sent the issue back to lower courts for further review, arguing that the previous rulings failed to properly explore whether the content moderation laws would be unconstitutional under all circumstances. Texas and Florida have passed legislation that Republican lawmakers claim will stop tech companies including Facebook parent Meta; X, formerly known as Twitter; and Google's YouTube from stifling conservative opinions.

Persons: Chris Marchese, Matt Schruers Organizations: NetChoice Litigation, Computer & Communications Industry Association, U.S, Supreme, Washington , D.C, Republicans, Facebook, YouTube Locations: Washington ,, Texas, Florida

☆ Here’s why a SCOTUS ruling on social media rules matters to so many people
▼ + stars: | 2024-02-27 | by ( Brian Fung | ) edition.cnn.com time to read: +8 min

It’s obvious enough that the legislation would affect those social media giants, who are challenging the laws’ constitutionality through industry trade associations. But in scrutinizing the laws’ scope and First Amendment impacts, justices from both sides of the ideological spectrum worried Monday that the legislation’s effects could spill far beyond major social media platforms. “We’re talking about the classic social media platforms, but it looks to me like it could cover Uber. Social media applications are seen on an iPhone in this photo illustration taken on 10 November, 2023 in Warsaw, Poland. (Photo by ANDREW CABALLERO-REYNOLDS / AFP) (Photo by ANDREW CABALLERO-REYNOLDS/AFP via Getty Images) Andrew Caballero-Reynolds/AFP/Getty ImagesThat law permits social media users to try to sue platforms for violations.

Persons: CNN — Uber, —, Henry Whitaker, “, ”, Amy Coney Barrett, Sonia Sotomayor, Whitaker, Jaap Arriens, ” Whitaker, Sotomayor, Ketanji Brown Jackson, “ I’m, ” Jackson, Uber, Aaron Nielson, Barrett, ” Sotomayor, ” Nielson, ” Chris Marchese, ANDREW CABALLERO, REYNOLDS, Andrew Caballero, Reynolds, Neilson, ” Barrett, you’ve, Elena Kagan, you’re, Kagan Organizations: CNN, Facebook, YouTube, Web, LinkedIn, NetChoice Litigation, AFP, Getty, Texans, PayPal Locations: Texas, Florida, Warsaw, Poland, ” Texas, ”, Washington , DC, AFP, El Paso

☆ Federal judge pauses Ohio social media law requiring parental consent for kids’ accounts
▼ + stars: | 2024-01-10 | by ( Brian Fung | ) edition.cnn.com time to read: +2 min

CNN —An Ohio law regulating kids’ accounts on social media likely violates the First Amendment in “breathtakingly blunt” ways and cannot take effect next week as scheduled, a federal judge has ruled. The state law set to take effect Jan. 15 would have required social media platforms to obtain parental consent before creating accounts for children under age 16. The decision to pause the law while litigation continues marks another early-stage victory for the tech industry against a wave of state social media laws seeking to govern how tech companies engage with young users. Those laws have emerged as a response to nationwide concerns about the possible link between social media use and harms to mental health, particularly for minors. NetChoice had argued that Ohio’s law infringes on the First Amendment rights of social media companies and underage Ohioans alike.

Persons: Algenon Marbley, Marbley, NetChoice, infringes, ”, Chris Marchese Organizations: CNN, Court, Southern, Southern District of Ohio, Social Media, Google Locations: An Ohio, Southern District, Arkansas, California, Utah

WASHINGTON (AP) — The Supreme Court agreed Friday to decide whether state laws that seek to regulate Facebook, TikTok, X and other social media platforms violate the Constitution. The justices will review laws enacted by Republican-dominated legislatures and signed by Republican governors in Florida and Texas. While the details vary, both laws aim to prevent the social media companies from censoring users based on their viewpoints. Separately, the high court also could consider a lower-court order limiting executive branch officials’ communications with social media companies about controversial online posts. By a 5-4 vote, the justices kept the Texas law on hold while litigation over it continues.

Persons: Donald Trump, Trump, John Roberts, Stephen Breyer, Sonia Sotomayor, Brett Kavanaugh, Amy Coney Barrett, Clarence Thomas, Samuel Alito, Elena Kagan, Neil Gorsuch, Alito, Chris Marchese Organizations: WASHINGTON, Supreme, Facebook, Republican, “ Locations: Florida and Texas, Texas

☆ Supreme Court agrees to hear case on whether states can regulate social media companies like TikTok and Meta
▼ + stars: | 2023-09-29 | by ( Associated Press | ) www.businessinsider.com time to read: +4 min

Florida and Texas laws regulating social media platforms are up for review by the Supreme Court. AdvertisementAdvertisementThe Supreme Court agreed Friday to decide whether state laws that seek to regulate Facebook, TikTok, X and other social media platforms violate the Constitution. While the details vary, both laws aim to prevent the social media companies from censoring users based on their viewpoints. AdvertisementAdvertisementSeparately, the high court also could consider a lower-court order limiting executive branch officials' communications with social media companies about controversial online posts. In dissent, Alito wrote, "Social media platforms have transformed the way people communicate with each other and obtain news."

Persons: —, Donald Trump, Trump, John Roberts, Stephen Breyer, Sonia Sotomayor, Brett Kavanaugh, Amy Coney Barrett, Clarence Thomas, Samuel Alito, Elena Kagan, Neil Gorsuch, Alito, Chris Marchese Organizations: Supreme, Service, Facebook, Republican Locations: Florida, Texas, Florida and Texas

SAN JOSE, Calif. (AP) — A federal judge has halted implementation of a California law intended to restrict companies’ use of information gathered from young internet users in order to protect the privacy of minors. U.S. District Judge Beth Labson Freeman on Monday granted a preliminary injunction, saying the legislation interferes with firms' use of the internet in ways the state has failed to justify. It would also prohibit businesses from collecting most types of personal information about young internet users, including their physical locations. “The State has no right to enforce obligations that would essentially press private companies into service as government censors,” Freeman wrote. It was challenged by NetChoice, a commercial association whose members include Google, Amazon, Meta and TikTok.

Persons: Beth Labson Freeman, ” Freeman, Buffy Wicks, NetChoice, Chris Marchese, Rob Bonta’s Organizations: JOSE, Calif, —, U.S, Google, San Francisco Chronicle, Ninth U.S, Circuit Locations: California, Oakland, San Francisco

☆ Federal judge blocks Arkansas social media age verification law to have gone into effect Friday
▼ + stars: | 2023-09-01 | by ( Michelle Watson | ) edition.cnn.com time to read: +1 min

CNN —A US District Judge has blocked an Arkansas social media age verification law that was set to go in effect Friday, according to a Thursday court filing. The act was aimed at requiring “age verification for use of social media; and to clarify liability for failure to perform age verification for use of social media and illegal retention of data,” according to Governor Sarah Huckabee Sanders’ office. It’s believed this would have been the first law in the US requiring age verification from new social media users, and to require parental consent, to go into effect. “We’re pleased the court sided with the First Amendment and stopped Arkansas’ unconstitutional law from censoring free speech online and undermining the privacy of Arkansans, their families and their businesses as our case proceeds,” Marchese said in the statement. Brooks said the act is blocked “pending final disposition of the issues on the merits.”CNN reached out to Huckabee Sanders’ office for comment.

Persons: Sarah Huckabee Sanders, It’s, Timothy L, Brooks, NetChoice —, “, Chris Marchese, “ We’re, ” Marchese, ”, Huckabee Sanders Organizations: CNN, Judge, Facebook, NetChoice Litigation, ” CNN Locations: Arkansas

☆ How the Supreme Court could soon change free speech on the internet
▼ + stars: | 2023-01-30 | by ( Lauren Feiner | ) www.cnbc.com time to read: +19 min

Musk's actions since closing the deal last year have illuminated how he sees the balance internet platforms must strike in protecting free expression versus user safety. The Supreme Court has yet to decide if or when to hear the cases, though many expect it will take them up at some point. The Age-Appropriate Design Code requires internet platforms that are likely to be accessed by kids to mitigate risks to those users. Google said such a change would also make the internet less safe and less hospitable to free expression. The Supreme Court of the United States building are seen in Washington D.C., United States on December 28, 2022.

☆ Supreme Court punts on Texas and Florida social media cases that could upend platform moderation
▼ + stars: | 2023-01-23 | by ( Lauren Feiner | ) www.cnbc.com time to read: +3 min

The Supreme Court of the United States building are seen in Washington D.C., United States on December 28, 2022. The Supreme Court delayed a decision on whether to take up a pair of cases challenging social media laws in Texas and Florida that could upend the way platforms decide which posts they remove and which ones they promote. Republican leaders in Texas and Florida have promoted the legislation as a way to counteract what they call unjust censorship of conservative viewpoints on social media. The Supreme Court had ruled in favor of the temporary block on the Texas law, without ruling on the merits of the case. "It is crucial that the Supreme Court ultimately resolve this matter," Schruers said.

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