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On Monday, the Supreme Court issued its decision in two consequential cases about the future of speech on the internet.
The Supreme Court vacated the appeals court decisions in Moody v. NetChoice and NetChoice v. Paxton, ruling that neither court adequately analyze whether the social media content moderation laws in Florida and Texas would be unconstitutional no matter what they applied to. The court sent the cases back down to the lower courts to reconsider.
The ruling includes some important guidance on how the First Amendment applies to internet companies. As Justice Elena Kagan wrote in the opinion for the Court’s majority, the First Amendment, “does not go on leave when social media are involved.”
None of the justices dissented, but…