President Joe Biden's administration urged the U.S. Supreme Court to take up a dispute over Republican-backed laws in Texas and Florida that would undercut efforts by social media companies to curb content deemed objectionable on their platforms.
to weigh in on the dispute, the Justice Department on Monday said the cases merit review because the laws burden the platforms' rights under the U.S. Constitution's First Amendment, which protects freedom of speech.
"When a social-media platform selects, edits, and arranges third-party speech for presentation to the public, it engages in activity protected by the First Amendment," the Justice Department said in a written brief. The cases would test the argument made by the industry groups that the First Amendment protects platforms' editorial discretion and prohibits governments from forcing them to publish content against their will.
The companies have said that without editorial discretion their websites would be overrun with spam, bullying, extremism and hate speech. Florida's law requires large platforms to "host some speech that they might otherwise prefer not to host" by disclosing censorship rules and prohibiting the banning of any political candidates. Texas' law forbids censoring users based on "viewpoint."
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