The most important First Amendment cases of the internet era, to be heard by the Supreme Court on Monday, may turn on a single question: Do platforms like Facebook, YouTube, TikTok and X most closely resemble newspapers or shopping centers or phone companies?
The two cases arrive at the court garbed in politics, as they concern laws in Florida and Texas aimed at protecting conservative speech by forbidding leading social media sites from removing posts based on the views they express.
Picking the apt analogy from the court’s precedents could decide the matter, but none of the available ones is a perfect fit.
If the platforms are like newspapers, they may publish what they want without government interference.
If they are like private shopping centers open to the public, they may be required to let visitors say what they like.
Organizations:
Facebook, YouTube
Locations:
Florida, Texas