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The Supreme Court shuts down Texas’s attempt to seize control of social media — for now

At the very least, the law would have prevented major social media sites from engaging in the most basic forms of content moderation — such as suppressing posts by literal Nazis who advocate for mass genocide, or banning people who stalk and harass their former romantic partners.

The vote in Netchoice v. Paxton was 5-4, although it is likely that Justice Elena Kagan voted with the dissent for procedural reasons unrelated to the merits of the case.

The law effectively forbids the major social media sites from banning a user, from regulating or restricting a user’s content, or even from altering the algorithms that surface content to other users because of a user’s “viewpoint.”

The Court’s order in Netchoice is temporary. It preserves the status quo until the Court can issue a final ruling on how the First Amendment applies to social media.