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Supreme Court sends challenge to Florida, Texas laws restricting social media regulation back to lower courts

The Supreme Court on Monday sent back to lower courts challenges to Florida and Texas laws that limit social media giants’ content censorship.

In the joint decisions of NetChoice v. Paxton and Moody v. NetChoice, written by Justice Elana Kagan, the Supreme Court concluded that neither lower court “had conducted an adequate analysis of the facial First Amendment challenge.”


The Supreme Court has sent back to lower courts challenges to Texas and Florida laws that restrict social media regulation. AP Photo/J. Scott Applewhite

Chris Marchese (center), director of the NetChoice Litigation Center, speaks to reporters outside the Supreme Court on Feb. 26, 2024.
Chris Marchese (center), director of the NetChoice Litigation Center, speaks to reporters outside the Supreme Court on Feb. 26, 2024. Photo: ANDREW CABALLERO-REYNOLDS/AFP via Getty Images

During oral arguments in February, the Supreme Court justices appeared divided on the case and signaled they might send it back for further analysis.

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