In Monday's Supreme Court opinion in Moody v. NetChoice, a five-justice majority over Alito's objection did not directly answer that absurd question, but it did say that under the First Amendment, Facebook should get about the same amount of editorial discretion as the Miami Herald.
In Monday's opinion in Moody, the Supreme Court was unanimous in holding that the way that NetChoice litigated its cases was not proper. It had brought a "facial" challenge to the law under the First Amendment, which essentially requires showing that in almost any way that the state might try to enforce its law, doing so would be unconstitutional.
Among the most important provisions in each of the laws is a limit on content moderation. Both were motivated by the removal of Donald Trump from major social media platforms after the violence of Jan. 6, 2021, and a general complaint that the platforms were unfairly "censoring" conservative voices.
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