The First Amendment does not protect messages posted on social media platforms.

The companies that own the platforms can – and do – remove, promote or limit the distribution of any posts according to corporate policies. But all that might soon change.

The Supreme Court has agreed to hear five cases during this current term, which ends in June 2024, that collectively give the court the opportunity to reexamine the nature of content moderation – the rules governing discussions on social media platforms such as Facebook and X, formerly known as Twitter – and the constitutional limitations on the government to affect speech on the platforms.

Content moderation, whether done manually by company employees or automatically by a platform’s software and algorithms, affects what viewers can see on a digital media page. Messages that are promoted garner greater viewership and greater interaction; those that are deprioritized…Read More

Lynn Greenky is a Professor Emeritus at Syracuse University, where she taught a beloved undergraduate course about the First Amendment for 10 years. She continues to write and speak about the First Amendment and is the author of  When Freedom Speaks.