On Monday, Florida Solicitor General Henry Whitaker and Texas Solicitor General Aaron Nielson defended state laws that restrict content moderation by social media platforms, telling the Supreme Court they uphold a First Amendment value by protecting freedom of speech. To the contrary, former U.S. Solicitor General Paul Clement said on behalf of the tech trade group NetChoice, those laws violate the First Amendment by interfering with constitutionally protected editorial judgments.
It is not clear whether the Court will resolve that issue now rather than remanding the two cases for further development. But most of the justices seemed inclined to side with NetChoice.
