Supreme Court directs lower court challenge to Florida, Texas, restricting social media regulation

The Supreme Court on Monday sent back to lower courts a case involving Florida and Texas laws that limit social media giants’ regulation of content.

In its decision in the consolidated cases of NetChoice v. Paxton and Moody v. NetChoice, authored by Justice Elana Kagan, the high court found that neither lower court “has properly conducted a First Amendment facial challenge analysis.”

The Supreme Court sent challenges to Texas and Florida laws restricting social media use back to lower courts. — The Supreme Court has sent challenges to Texas and Florida laws limiting regulation of social media back to lower courts. Photo AP/J. Scott Applewhite

Chris Marchese (center), director of the NetChoice Litigation Center, speaks to the press outside the Supreme Court, February 26, 2024. Photo by ANDREW CABALLERO-REYNOLDS/AFP via Getty Images

During oral arguments in February, the Supreme Court justices expressed their disagreements and suggested the case could be sent back for further review.