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The U.S. Supreme Court (Photo by David Lat).
I don’t even think Nate Silver saw this coming. The Texas law that manipulates viewpoint discrimination to prevent popular social media sites from taking down anything ranging from Uncle Billy Bob’s rant on Mexicans to a live stream of a killing spree has seen its day in the Supreme Court. And it has been blocked. Kind of.
The court’s brief order was unsigned and gave no reasons, which is typical when the justices act on emergency applications. The order was not the last word in the case, which is pending before a federal appeals court and may return to the Supreme Court.
As thankful as I am for the result, you gotta wonder about the make up of this 5-4.
It’s also important to note that this decision is bigger than protecting a robust First Amendment. It also signals a turn in how the shadow docket’s use is justified.
This is unlikely to be the last we see of either this law or laws like it. Like it or not, I think that Alito is tapped into the mood of the moment.
“This application concerns issues of great importance that will plainly merit this court’s review,” he wrote. “Social media platforms have transformed the way people communicate with each other and obtain news. At issue is a groundbreaking Texas law that addresses the power of dominant social media corporations to shape public discussion of the important issues of the day.”
I sure do hope the “shaping” SCOTUS inevitably ends up deciding on doesn’t make it easier for foreign countries to influence our elections and stoke the flames of race war.
Supreme Court Blocks Texas Law Regulating Social Media Platforms [NYT]
Chris Williams became a social media manager and assistant editor for Above the Law in June 2021. Prior to joining the staff, he moonlighted as a minor Memelord™ in the Facebook group Law School Memes for Edgy T14s. He endured Missouri long enough to graduate from Washington University in St. Louis School of Law. He is a former boatbuilder who cannot swim, a published author on critical race theory, philosophy, and humor, and has a love for cycling that occasionally annoys his peers. You can reach him by email at cwilliams@abovethelaw.com and by tweet at @WritesForRent.
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