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Teh Supreme Court agreed on January 19, 2026, to hear arguments in Moody v. NetChoice,LLC and O’Connor-Ratcliff v. NetChoice, LLC, consolidated cases concerning the constitutionality of laws in Texas and Florida that aim to prevent social media platforms from censoring users based on their viewpoints. These cases represent a significant test of Section 230 of the Communications decency Act and the First Amendment rights of both platforms and users.
Background on the Laws
Texas’s House Bill 20 (HB 20),signed into law on September 1,2023,prohibits large social media platforms – those with over 50 million active users – from “censoring” users based on their viewpoints.Florida’s Senate Bill 7072 (SB 7072), enacted on May 6, 2021, similarly restricts platforms’ ability to moderate content, notably targeting content related to political candidates. Both laws seek to treat platforms as common carriers, requiring them to host all legal content regardless of its nature.
Legal Challenges and Lower Court Rulings
NetChoice, LLC, and the Computer & Communications Industry Association (CCIA) filed lawsuits challenging both laws, arguing they violate the First Amendment rights of social media companies to curate content on their platforms.The Fifth Circuit Court of Appeals initially blocked most of HB 20 in September 2023, but partially reversed its decision in May 2024, allowing some provisions to take effect. The Eleventh Circuit Court of Appeals largely upheld SB 7072 in March 2024. These conflicting rulings prompted appeals to the Supreme Court.
Section 230 and First Amendment Implications
Section 230 of the Communications decency Act, enacted in 1996, generally protects online platforms from liability for content posted by their users. However, the Texas and Florida laws attempt to circumvent Section 230 by arguing that platforms are not merely distributors of information but rather act as publishers when they moderate content. The Supreme Court’s decision will clarify the scope of Section 230 and its relationship to the First Amendment, perhaps reshaping the landscape of online speech regulation.
What’s at stake
The outcome of these cases could have far-reaching consequences. A ruling upholding the Texas and Florida laws could force social media platforms to host all legal content, including hate speech, misinformation, and violent extremism. Conversely, a ruling in favor of netchoice and CCIA would reaffirm the platforms’ editorial discretion and protect their ability to moderate content. Oral arguments are scheduled for February 24, 2026, with a decision expected by June 2026.
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