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Carlton Fields

Top First Amendment Cases of the 2024-2025 Supreme Court Term

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The U.S. Supreme Court in its 2024–25 term continued to robustly protect religious liberty under the First Amendment but retreated from core First Amendment principles in two cases involving the internet....more

Saiber LLC

The NetChoice Social Media Cases: Back to the Beginning

Saiber LLC on

​​​​​​​In a past Trending Law Blog post on November 1, 2023, we discussed how the Supreme Court of the United States granted petitions for certiorari in Florida’s NetChoice LLC v. Moody case and Texas’ NetChoice LLC v. Paxton...more

Pillsbury - Internet & Social Media Law Blog

In the Supreme Court’s NetChoice Rulings, the Court Leaves the Door Open for Future Social Media Content Moderation Regulations

Are social media companies more like newspapers or phone companies? This oft-debated question in social media legal circles, while seemingly trivial on the surface, represents a momentous debate over whether—and how...more

Pillsbury - Internet & Social Media Law Blog

In Murthy v. Missouri, SCOTUS Focus on Plaintiff Standing Sidesteps Underlying, Larger First Amendment Questions

A recent U.S. Supreme Court decision may have substantial effects on social media censorship. Based on their content-moderation policies, social media platforms have taken actions to suppress certain categories of speech,...more

Bilzin Sumberg

Supreme Court’s Social Media Ruling Tilts Toward Free Speech

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The US Supreme Court this month declined to rule on whether Florida and Texas laws limiting social media platforms’ content moderation violates the First Amendment, sending the issue back to the lower courts. But in doing so,...more

Hogan Lovells

Online Speech Showdown: Six Takeaways from Moody v. NetChoice

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The U.S. Supreme Court recently released its decision in Moody v. NetChoice, providing some much-needed guidance to lower courts on the application of the First Amendment to laws regulating content moderation practices of...more

Clark Hill PLC

SCOTUS Remands Social Media Content Moderation Cases and Signals Content Moderation as a First Amendment-Protected Activity

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The First Amendment still imposes some limits on the government’s ability to control what content appears online. On July 1, the United States Supreme Court issued its opinion in Moody v. NetChoice and NetChoice v. Paxton,...more

WilmerHale

What's Next After Major First Amendment Win For Online Companies In Supreme Court's NetChoice Decision?

WilmerHale on

On July 1, the Supreme Court issued one of its most significant decisions regarding First Amendment rights on the internet in the NetChoice cases. At issue were a pair of facial First Amendment challenges to Texas and Florida...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Moody et. al., v. NetChoice, LLC, and NetChoice, LLC v. Paxton

On July 1, 2024, the U.S. Supreme Court decided Moody et. al., v. NetChoice, LLC, and NetChoice, LLC, v. Paxton, in which the Eleventh Circuit and Fifth Circuit Courts of Appeals had reached opposite decisions about a state’s...more

Carlton Fields

Top First Amendment Cases of the 2023-2024 Supreme Court Term

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The U.S. Supreme Court stepped back from the brink in a term that could have reshaped First Amendment law for the internet age. ...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Murthy v. Missouri

On June 26, 2024, the U.S. Supreme Court decided Murthy v. Missouri, No. 23-411, holding that neither the individual plaintiffs nor the state plaintiffs established standing to seek an injunction prohibiting governmental...more

Dinsmore & Shohl LLP

Supreme Court Issues Warning for Public Officials Using Social Media

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“Public service is a noble calling” that requires great sacrifice, often requiring public officials to surrender personal conveniences in favor of public business. An off-duty police officer jumps into action when there is...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Lindke v. Freed

On March 15, 2024, the U.S. Supreme Court decided Lindke v. Freed, No. 22-611, holding that a public official who prevents someone from commenting on the official’s social media page engages in state action under 42 U.S.C. §...more

Frantz Ward LLP

Who Controls What We See and Post Online? U.S. Supreme Court to Decide Landmark Free Speech Case

Frantz Ward LLP on

Earlier this week, the U.S. Supreme Court heard oral arguments in two cases which could drastically change the nature of internet discourse.  The cases, NetChoice v. Paxton and Moody v. NetChoice, involve Florida and Texas...more

Vinson & Elkins LLP

Is Everything Better in Moderation? Circuit Split on Content Moderation to Be Heard by SCOTUS

Vinson & Elkins LLP on

On February 26, 2024, the United States Supreme Court is set to hear oral argument in two cases currently before the Court, Moody v. NetChoice and NetChoice v. Paxton. At their core, these cases raise the question as to...more

Cranfill Sumner LLP

Anti-Social Media Behavior, Free Speech and Governmental Liability: I – Lindke v. Freed

Cranfill Sumner LLP on

In April 2023, the U.S. Supreme Court granted certiorari to a pair of cases dealing with the intersection of free speech, social media, and governmental liability.  Both cases deal with § 1983 actions against governmental...more

Saiber LLC

U.S. Supreme Court Agrees Grants Certiorari in the Two NetChoice Cases

Saiber LLC on

​​​​​​​In past Trending Law Blog posts on August 13, 2021, November 17, 2021, December 16, 2021, and September 8, 2022, we discussed the two NetChoice cases that arose in Florida (NetChoice, LLC v. Moody) and Texas...more

Kohrman Jackson & Krantz LLP

Supreme Court Rules in Favor of Online Harasser

Online threats and harassment pose a significant problem in today’s digital landscape. With the Internet’s global reach, the ease of publishing and posting content, and the potential for anonymity or lack of consequences,...more

Epstein Becker & Green

Time to Reboot the Internet? The Supreme Court Hears Challenges to Big Tech Platforms

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While some people thrive in the land of TikTok dances, others struggle to limit their thoughts to 140 characters leading Twitter to increase their character limit to 280 in 2017. In fact, as of February 2019 Internet users...more

Cozen O'Connor

#NoFilter: Can States Regulate the Content of Social Media Platforms?

Cozen O'Connor on

In this edition of #NoFilter, we will examine a recent September 16, 2022, decision from the Fifth Circuit Court of Appeals upholding a Texas state law impacting the power of social media platforms to moderate content on...more

Saiber LLC

U.S. Supreme Court Upholds Student’s Off-Campus Free Speech Rights

Saiber LLC on

The September 1, 2020 Trending Law Blog post discussed how the United States Court of Appeals for the Third Circuit in Mahanoy Area School District v. B.L., 964 F.3d 170 (2020), upheld a public school student’s First...more

Husch Blackwell LLP

Mahanoy Area School District v. B.L. – The Student Free Speech Case Every Public School Administrator Should Know About

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On April 28th, the Supreme Court of the United States heard oral arguments in Mahanoy Area School District v. B.L., a student free speech case that every public school district in the country needs to be watching...more

Rumberger | Kirk

Justices Show Little Spirit for Expanding Tinker: SCOTUS Wrestles with Appropriate Standard for Regulating Off-Campus Student...

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In 1969, the Supreme Court recognized both that students do not surrender their First Amendment rights at the schoolhouse gates, but that schools do have the right to discipline students for speech that could cause...more

Franczek P.C.

United States Supreme Court Hears Argument in Historic Student Speech Case

Franczek P.C. on

Yesterday, the United States Supreme Court heard oral argument in its first case ever to address the discipline of students for speech occurring off-campus, on their own time, and online. ...more

Franczek P.C.

Supreme Court (Finally) Will Address School Discipline for Off-Campus, Online Student Speech

Franczek P.C. on

In 2017, a high school cheerleader learned she had not made the varsity team and turned to Snapchat. She posted a picture of herself and a friend, middle fingers up, with the text “f— school f— softball f— cheer f—...more

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