U.S. Take on State Laws Nearly 'Immunizes' Social Media, Says Texas
The U.S. government misapplies U.S. Supreme Court "precedents and offers a view of the First Amendment that would imperil some of its own regulatory programs,” but the solicitor general is right that the Supreme Court should grant certiorari in both…
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Texas and Florida social media law cases, Texas said in a supplemental brief Monday (case 22-555). The U.S. position (see 2308150010) would leave state and federal governments "with little, if any, guidance on how to draw the line between regulable and non-regulable activities of social-media platforms,” wrote the state’s provisional attorney general Angela Colmenero (R). "By characterizing the central feature of the platforms -- hosting third-party content -- as speech, the federal government all but immunizes social-media companies from any substantive regulation. The First Amendment does not mandate such a result.” Despite that objection, Colmenero said the solicitor general's brief confirms "these cases present the exceptionally important question of whether the First Amendment precludes the government from requiring large social-media platforms to provide equal, non-discriminatory access to the public regardless of viewpoint.” Texas doesn't object to the solicitor general's recommendation to deny cert on the state law's disclosure requirements, she added.