Internet Works on SCOTUS Oral Arguments on the Florida & Texas Social Media Cases

Washington, D.C., February 26, 2024 — Today, the Supreme Court heard oral arguments in a pair of crucial cases that could have far-reaching impacts on the internet. The broad question before the Supreme Court is whether the First Amendment protects websites’ decisions about how to moderate and disseminate user content.

Internet Works is encouraged by today’s oral arguments in which the justices recognized the complexity of the issues at hand. There was some acknowledgment of the diversity of websites on the internet and the importance of platforms’ ability to engage in content moderation. Internet Works and its members would like to reiterate that the internet ecosystem’s existence and its ability to flourish is largely because platforms can moderate content as they see fit for their users. We urge the Court to continue to consider the effects its decisions may have on the entire internet, which includes small and mid-sized platforms and individual users, as it deliberates on this case going forward.

In our amicus curiae brief we filed in these cases, we urged the Court to affirm the Eleventh Circuit’s decision and reverse the Fifth Circuit’s contrary decision. We are hopeful that the Court, in its decision, will uphold the rights of private platforms to moderate content.