Court cases test opposing views of online content moderation

Four judicial cases involving social media companies and online platforms will test the Supreme Court’s views on two competing claims: The companies either engage in too much content moderation or they do too little.

The high court has agreed to hear arguments in two of the cases and is weighing whether to take up the other two. Whatever its decisions, the outcomes could dramatically change how social media companies and online platforms operate, especially in light of a stalemate in Congress, where lawmakers of both parties want to amend online content moderation laws but can’t agree on how to do so. 

The court is hearing arguments this term in two cases asking whether social media companies can be held liable for third-party content on their websites. Those decisions could determine whether the companies can still count on a liability shield Congress provided in 1996 to nurture the fledgling internet. The cases test congressional intent in that law.