• A decision issued by the Supreme Court on Monday explicitly extends First Amendment protections to how social media platforms organize, curate, and moderate their feeds. The compilation and curation of others' speech into an expressive product of its own is entitled to First Amendment protection. Platforms are making expressive choices when they use their Standards and Guidelines to decide which content to display or how the display will be ordered and organized. The government cannot get its way just by asserting an interest in better balancing the marketplace of ideas.

    Tuesday, July 2, 2024