Supreme Court to consider giving First Amendment protections to social media posts

Lynn Greenky in The Conversation:

The First Amendment does not protect messages posted on social media platforms.

The companies that own the platforms can – and do – remove, promote or limit the distribution of any posts according to corporate policies. But all that might soon change.

The Supreme Court has agreed to hear five cases during this current term, which ends in June 2024, that collectively give the court the opportunity to reexamine the nature of content moderation – the rules governing discussions on social media platforms such as Facebook and X, formerly known as Twitter – and the constitutional limitations on the government to affect speech on the platforms.

Content moderation, whether done manually by company employees or automatically by a platform’s software and algorithms, affects what viewers can see on a digital media page. Messages that are promoted garner greater viewership and greater interaction; those that are deprioritized or removed will obviously receive less attention. Content moderation policies reflect decisions by digital platforms about the relative value of posted messages.

More here.