Cases Presently Before US Supreme Court Could Drastically Affect Freedom Of Speech Online: Join CATO Institute For Panel Discussion

Editor’s note: Readers may remember our previous coverage on Section 230, and how the new social media and media giants may change the face of Freedom Of Speech in America. The two cases presently before the Supreme Court are landmark cases in the questions they raise and the precedent they seek to set. 

According to SCOTUS blog, these are the issues raised by Moody vs. NetChoice:  “Issues: (1) Whether the laws’ content-moderation restrictions comply with the First Amendment; and (2) whether the laws’ individualized-explanation requirements comply with the First Amendment.”

The two cases challenge new social media laws passed in Texas and Florida that limit the ability of platforms to censor content, and require certain disclosures. From Knight 1st Amendment Institute at Columbia University:  

“In 2021, Florida and Texas became the first U.S. states to enact laws that regulate social media platforms. Several other states have followed suit and many more are poised to do the same. The Florida and Texas laws limit the power of the largest social media companies to moderate and curate speech on their platforms and require the companies to disclose certain information to the public. Two trade organizations representing the social media companies are challenging both laws in the U.S. Supreme Court, with a decision expected by June 2024.”

On February 26, the Supreme Court will hear oral arguments in the cases of Moody v. NetChoice and NetChoice v. Paxton. These cases are likely to have a significant impact on the future of free speech online and the way platforms engage in online content moderation.

With the oral arguments fresh in mind, this multipanel event will feature a fireside chat with Steve DelBianco, president and CEO of NetChoice, before moving on to panels of legal and policy experts who will analyze the Florida and Texas laws at issue in these cases and discuss what happened at oral arguments.

The NetChoice cases represent a pivotal moment in the future of First Amendment jurisprudence both online and offline. As such, it is important that Cato provides a forum for understanding not only the Court’s consideration of these cases but also the broader impact such proposals should have.

Further panels will discuss the impact the cases will have on the debates over Section 230 and online speech for users, as well as the impact on online content moderation decisions by online platforms.

Panels:

• Fireside Chat with Steve DelBianco, President and CEO, NetChoice
• Reactions to the Supreme Court Arguments
• How the NetChoice Cases May Impact Content Moderation
• What the NetChoice Cases Illustrate About the Current Online Speech Environment and Future of Online Speech for Internet Users

Panelists:

• Corbin Barthold, Internet Policy Counsel / Director of Appellate Litigation, TechFreedom
• Thomas A. Berry, Research Fellow, Robert A. Levy Center for Constitutional Studies, Cato Institute; Editor‐​in‐​Chief, Cato Supreme Court Review
• Ashutosh Bhagwat, Boochever and Bird Endowed Chair for the Study and Teaching of Freedom and Equality and Distinguished Professor of Law, UC Davis School of Law
• Neil Chilson, Center for Growth and Opportunity Senior Research Fellow
• Steve DelBianco, President and CEO, NetChoice
• Cathy Gellis, Attorney
• Jennifer Huddleston, Technology Policy Research Fellow, Cato Institute
• David Inserra, Fellow for Free Expression and Technology, Cato Institute
• Ashkhen Kazaryan, Stand Together Senior Fellow
• Nathan Lindfors, Policy Director, Engine
• James Xi, Associate, Clement & Murphy PLLC

Banner Image: US SCOTUS. Image Credit -Bill Mason 

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