Exploring the Legal Limits on Social Media’s Editorial Power
In this episode of Law ‘Splaining, host Bobby Rehkemper tackles a pressing and controversial question: Can states compel social media platforms to more fairly balance the information that appears in people’s feeds? Dive into the legal limits on social media as Bobby explores the complexities of this issue, breaking down the recent Supreme Court case Moody v. Net Choice. This case challenges the boundaries of government regulation on social media and provides a deep dive into the evolving limits of digital content control.
Discover how the Court’s decision influences the debate over whether big tech companies can use their algorithms and editorial choices to shape the visibility of content according to their views. In this episode, lively discussion and expert insights reveal the intersection of constitutional rights and digital freedom. Tune in to grasp the nuances of this high-stakes legal battle and explore its implications for the future of online content regulation.
BUSINESSES AND THE FIRST AMENDMENT
Businesses also hold First Amendment rights. When the Government regulates a business’s product in ways that alter its intended message, the First Amendment protections come into play. For example, Florida and Texas have enacted laws to regulate large social media companies and other platforms, aiming to limit their ability to moderate, filter, prioritize, and label user content. In this episode, we explore the constitutionality of these laws and their broader implications.
LEGAL IMPLICATIONS
Businesses, including media outlets, create expressive products that the First Amendment protects. As a result, each business can edit content submitted by third parties and shape its desired message. Additionally, social media platforms, considered media outlets, have the freedom to manipulate, edit, and prioritize user content in ways that align with their values.
PRACTICAL ADVICE FOR SOCIAL MEDIA
Recognize that social media often provides only a partial or one-sided view of an issue. Additionally, we have grown used to receiving information in ways that limit our critical thinking and objectivity. Therefore, if an issue matters to you, actively seek out and review information from various sources. Doing so will help you gain a thorough and objective understanding of all the factors that may influence your opinion.
