Statement on SCOTUS Hearing of Florida and Texas Social Media Laws

WASHINGTON, February 26, 2024 — Today, The U.S. Supreme Court heard arguments in a pair of cases concerning whether states can restrict the ability of social media companies to curb content they deem objectionable. The cases, Moody v. NetChoice and NetChoice v. Paxton, deal with the constitutionality of laws enacted in Florida and Texas, respectively.

Following the hearing, James P. Steyer, Founder and CEO of Common Sense Media, issued the following statement.

"From the perspective of protecting kids and families online, which is our primary focus, these cases are extremely consequential. The justices ought to consider a blended approach: let social media platforms fulfill their obligation to moderate content on their sites and protect the rights of states and Congress to enact laws that require platforms to change their design features and practices.

"During the hearing, several justices appeared to express their concern that tech companies view everything they do as protected speech, including algorithms and design features, some of which target minors with unhealthy content. We are concerned by that view as well because of their products' outsized impact on children and families.

"However the court rules, it must leave open the opportunity for new regulations regarding the practices of large social media platforms that we know are harming children and families and contributing to the youth mental health crisis."

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