The cause for free speech is down but not out. In the two cases challenging Texas and Florida’s anti-censorship laws, the Supreme Court “vacated” the previous decisions and sent the case back to the lower courts.
NetChoice, the anti-free speech tech trade association challenging the state laws, brought these cases arguing that there were no constitutional applications of the laws. In a 9-0 decision, the Court shut down NetChoice’s claims as inaccurate.
The nine justices ruled that the laws in certain cases could be constitutional. To challenge the laws, individual platforms will now have to sue Texas and Florida for how the laws are, or will be applied.
Writing the Court’s opinion, Justice Elena Kagan implied that constitutional principles suggest the Texas law unconstitutionally regulates speech when applied to some of the worst Big Tech censors,…
