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Reason
Reason
Ilya Somin

Laws Requiring Social Media Firms to Host Content they Prefer to Exclude Violate the Takings Clause

A smartphone screen depicting social media apps YouTube, Facebook, Snapchat, Telegram, Twitter (now X), Instagram, Whatsapp, Skype, Reddit, etc.
(Bigtunaonline | Dreamstime.com)

The Supreme Court is currently considering two cases in which social media firms challenge the constitutionality of Texas and Florida laws requiring them to host content the platforms would prefer to exclude. The issue before the Court is whether these laws violate the Free Speech Clause of the First Amendment. But, in a recent Reason article, Ethan Blevins of the Pacific Legal Foundation—one of the nation's leading public interest law firms litigating takings cases—argues they also violate the Takings Clause of the Fifth Amendment:

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