Supreme Court punts on challenges to GOP social media laws

WASHINGTON — The Supreme Court on Monday sidestepped a final determination on whether Republican-backed laws in Florida and Texas that seek to regulate the content moderation practices of social media companies violate constitutional free speech protections.

The justices instead sent the two related cases back to lower courts for additional deliberations on the legal questions raised under the Constitution's First Amendment.

Justice Elena Kagan, writing for the court in a decision that dealt with both cases, said "there is much work to do" before judges can determine whether the laws should be struck down.

The court indicated that the Texas law in particular is vulnerable, with Kagan saying it is "unlikely to withstand First Amendment scrutiny."

The justices were unanimous in the outcome, although only five other justices joined Kagan's majority opinion.

At issue are sections of the laws that restrict platforms from barring certain problematic users or limiting the reach of their posts.

Some justices expressed free speech concerns about the laws at oral argument in February although there were also concerns that some provisions may be lawful.

The laws might have some legitimate applications against other platforms or services, including messaging applications, which could mean the court stops short of striking them down, some justices suggested.

The two interlinked cases put the spotlight on the growing power of social media platforms and concerns raised by conservatives that moderation policies disproportionately affect them.

In another case touching upon related issues, the justices last week rejected an attempt by Republicans to limit contacts between the Biden administration and social media companies. Republicans