“Put simply, with minor exceptions, the government can’t tell a private person or entity what to say or how to say it,” said Circuit Judge Kevin Newsom, an appointee of former Pre…
By Curt Anderson | Associated Press
“Put simply, with minor exceptions, the government can’t tell a private person or entity what to say or how to say it,” said Circuit Judge Kevin Newsom, an appointee of former President Donald Trump, in the opinion. “We hold that it is substantially likely that social media companies — even the biggest ones — are private actors whose rights the First Amendment protects.”
However, the appeals panel ruled that the tech companies’ actions were protected, with Judge Newsom writing that Facebook, Twitter, TikTok and others are “engaged in constitutionally protected expressive activity when they moderate and curate the content that they disseminate on their platforms.” The Computer & Communications Industry Association, a nonprofit group representing tech and communications companies, said the ruling represents victory for Internet users and free speech in general — especially as it relates to potentially offensive content.
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