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Supreme Court of the United States › First Amendment › Social Media

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
Snell & Wilmer

Supreme Court Upholds Law Restricting TikTok’s Operations in the U.S.

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On January 17, 2025, the Supreme Court issued its decision in TikTok Inc. v. Garland, affirming the constitutionality of the Protecting Americans from Foreign Adversary Controlled Applications Act (the Act), which restricts...more

Nelson Mullins Riley & Scarborough LLP

The TikTok Ban Saga: SCOTUS, Trump’s Executive Order, and the Implications for Digital Marketing and Emerging Platforms

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From expedited Constitutional challenges to an exodus of self-proclaimed “TikTok Refugees” to new foreign-owned social media platforms, the past week leading up to the Jan. 19, 2025, deadline for the TikTok Ban has been a...more

Freeman Law

Posts, Profits, & Penalties | Tax Law & Social Media | Part 1

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A popular social media platform has been a hot topic for lawmakers, the media, and its users recently, and what a better way to kick off this series than to provide a summary and update of its status in the United States....more

Morrison & Foerster LLP - Social Media

Social Links: TikTok’s Wild Ride

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In a rare unanimous decision, on January 17, the U.S. Supreme Court upheld a law that bans TikTok in the United States on national security grounds so long as it has its current ownership structure. TikTok chose to make the...more

Holland & Knight LLP

U.S. Supreme Court Upholds TikTok Sale-or-Ban Law

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In a much-anticipated decision, the U.S. Supreme Court on Jan. 17, 2025, rejected TikTok's appeal and upheld the Protecting Americans from Foreign Adversary Controlled Applications Act (Act). The act, which was signed into...more

Cranfill Sumner LLP

Why the Supreme Court Tolerated the TikTok Ban (And What That May Teach Us About Deference)

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Today the Supreme Court of the United States declined to block Congress’s TikTok ban, clearing the way for the ban to take effect on January 19, 2025. On a quick look, banning an online forum where millions of Americans...more

Kohrman Jackson & Krantz LLP

Ohio Senate Bill 206 Seeks to Expand School Discipline for Conduct on Social Media

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Ohio Senate Bill 206, (SB 206) introduced in 2024, calls for students who post threatening content on social media to be punished with expulsion from school for up to 180 days. The bill defines the proposed prohibited conduct...more

DarrowEverett LLP

Vibe Check on TikTok: Legal Changes May Force App to Take the L

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The future of TikTok is on the table in the United States. As has been widely covered, in April 2024, Congress passed the Protecting Americans from Foreign Adversary Controlled Applications Act (the “Act”), which...more

Morrison & Foerster LLP - Social Media

2024 Recap: Ten Lords A-Leaping!

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As the world’s premier blog and go-to source for insightful, pithy commentary on the law and business of social media (EDITOR’S NOTE: this claim has not been verified), the team at Socially Aware feels socially responsible to...more

Robinson+Cole Data Privacy + Security Insider

Supreme Court to Hear TikTok Case

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The United States Supreme Court announced on December 18, 2024, that it will hear the TikTok ban case and has scheduled oral arguments to be held on January 10, 2025, before the ban’s effective date of January 19, 2025....more

Pillsbury - Gravel2Gavel Construction & Real...

The 2023 Term of the Supreme Court: Administrative and Regulatory Law Rulings

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It is instructive to review the Supreme Court’s record in its most recent term, concentrating on regulatory and administrative law cases, which are usually back-burner issues. But not this term....more

Saiber LLC

The NetChoice Social Media Cases: Back to the Beginning

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​​​​​​​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

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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

Perkins Coie

Supreme Court Finds First Amendment Barriers to TX and FL Social Media Regulation

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On July 1, 2024, the Supreme Court of the United States ruled in Moody v. NetChoice, LLC that laws regulating large social media platforms passed by Texas and Florida likely offend the First Amendment in at least some...more

Pillsbury - Internet & Social Media Law Blog

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

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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

Snell & Wilmer

Supreme Court Clarifies First Amendment and Standing Standards Applicable to Social Media Content Moderation Policy Challenges

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Social media companies have long moderated the type of content that appears on a person’s home page by, for instance, deleting explicit posts or “downgrading” posts containing misinformation. Based on the belief that these...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?

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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

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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

Dorsey & Whitney LLP

The Supreme Court Update - June 26, 2024

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The Supreme Court of the United States issued two decisions today: Murthy v. Missouri, No. 23-411: This case involves challenges to federal government communications with social media companies related to content...more

Epstein Becker & Green

Two Down, 12 to Go, and Two More Decision Days This Week - SCOTUS Today

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The Supreme Court started yesterday with 14 decisions yet to deliver and only reduced the number by two—neither of them the Trump immunity case nor the Loper case concerning the future of the agency deference doctrine of...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Murthy v. Missouri

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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

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