NetChoice and Section 230: The future of online content moderation in the United States

Yaron Dori, Megan Crowley and Diana Lee of Covington analyse the potential importance of this case.

This term, the US Supreme Court will hear two cases, Moody v. NetChoice, L.L.C. (11th Cir.) and NetChoice, L.L.C. v. Paxton (5th Cir.), that could alter how social media companies moderate content, with potentially significant implications. Both cases concern state laws (in Florida and Texas, respectively) that restrict large social media companies from curating and moderating third-party content on their platforms, and impose certain related requirements. The plaintiffs in each case argue that the laws violate the First Amendment to the US Constitution, which prohibits, with certain exceptions, state and federal governments from imposing restrictions on speech.

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