On Monday, the Supreme Court issued its decision in Moody v. NetChoice and NetChoice v. Paxton, two consequential cases about the future of speech on the internet. The court explicitly extended First Amendment protections to how social media platforms organize, curate, and moderate their feeds, drawing a comparison between internet content moderation and “traditional publishers and editors.”
The decision elaborates that the compilation and curation of “others’ speech into an expressive product of its own” is entitled to First Amendment protection and that “the government cannot get its way just by asserting an interest in better balancing the marketplace of ideas.”
The NetChoice cases concern a pair of similar laws in Florida and Texas…