Supreme Court Declines to Rule on Tech Platforms’ Free Speech Rights

The justices unanimously returned two cases, which concerned state laws that supporters said were aimed at “Silicon Valley censorship,” to lower courts. Critics had said the laws violated the sites’ First Amendment rights.

The Supreme Court sidestepped a definitive resolution on Monday in a pair of cases challenging state laws aimed at curbing the power of social media companies to moderate content. The ruling left in limbo an effort by Republicans who had promoted the legislation as a remedy to what they say is a bias against conservatives.

It was the most recent instance of the Supreme Court considering — and then dodging — a major decision on the parameters of speech on social media platforms.

The state laws differ in their details. Florida’s prevents the platforms from permanently barring candidates for political office in the state, while Texas’ prohibits the platforms from removing any content based on a user’s viewpoint.

The justices unanimously agreed to return the cases to lower courts for analysis. Justice Elena Kagan, writing for the majority, noted that neither lower appeals courts had properly analyzed the First Amendment challenges to the Florida and Texas laws.

“In sum, there is much work to do below on both these cases,” Justice Kagan wrote, adding, “But that work must be done consistent with the First Amendment, which does not go on leave when social media are involved.”

Under the narrow ruling, the state laws remain intact, but lower court injunctions also remain in place, meaning both laws continue to be paused.