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[Thread] Texas' and Florida's online speech rules for platforms cannot be justified, as less restrictive tools that give users control over online content exist

There was an amazing outpouring of S. Ct. amicus briefs opposing Texas's and Florida's online speech regulations yesterday. Here's what mine's about. 1/

@daphnehk Daphne Keller

Context & Ripple Effects

The briefs enter a Supreme Court dispute that was already elevated when the Court agreed to hear whether Florida and Texas may limit platforms’ removal of political posts and accounts the Court’s decision to take the platform-moderation cases.

They sharpen an argument also relevant to the administration’s earlier request for review the federal government’s call for Supreme Court review: user-facing controls may address concerns about online content without dictating platforms’ editorial decisions.

First-order effects

  • The amicus filings give the Court a developed less-restrictive-means argument against the states’ moderation limits, centered on tools that let users choose or filter content.
  • Platforms, Texas, and Florida must address whether user control can meet the states’ stated aims while preserving platforms’ discretion over what they host or remove.

Second-order effects

  • The litigation frames product-level filtering, feed controls, and content preferences as potential alternatives to state mandates over moderation, increasing their relevance to the legal record.
  • Other states considering platform rules may need to distinguish user-empowerment measures from laws that directly constrain a service’s moderation choices.

Third-order effects

  • If courts treat user-control tools as meaningful alternatives, platform-governance policy could shift toward interface and choice requirements rather than compelled carriage or moderation restrictions.
  • The cases may establish how far states can regulate large online intermediaries without crossing into constitutionally protected editorial judgment; the outcome remains unsettled.

The trend: This is part of a broader shift from regulating platforms’ moderation outcomes toward regulating the controls users have over their online experience.

Discussion

  • @daphnehk Daphne Keller on x
    @jackbalkin @FukuyamaFrancis It starts by recognizing that Texas and Florida are right to worry about concentration of power over discourse in the hands of private tech companies. 3/
  • @iab @iab on x
    IAB is proud to join tech and civil society groups in an amicus brief urging the Supreme Court to overturn Texas and Florida laws prohibiting content moderation, essential to shaping a website's identity, create a brand, and attract an audience, a First Amendment issue.
  • @jess_miers Jess Miers on x
    Forcing private entities to carry government approved messages when they otherwise wouldn't isn't free speech at all, but tyranny. Which is why the Supreme Court has no choice but to overturn Texas and Florida. [image]
  • @daphnehk Daphne Keller on x
    I filed a brief against the Texas and Florida laws with @jackbalkin and Yale's tech clinic led by Maggie O'Grady on behalf of @FukuyamaFrancis. Not everyone will like it. It's not making the normal platforms-as-editors arguments that are in a lot of briefs. 2/
  • @eff @eff on x
    We urged the Supreme Court to strike down laws in Texas and Florida that insert government mandates into the content moderation practices of social media companies, violating their First Amendment rights to tailor content to their users' tastes. https://www.eff.org/...