Month: July 2024

Enlarge / The Supreme Court of the United States in Washington, DC, in May 2023. (credit: Getty Images | NurPhoto)

The US Supreme Court has avoided making a final decision on challenges to the Texas and Florida social media laws, but the majority opinion written by Justice Elena Kagan criticized the Texas law and made it clear that content moderation is protected by the First Amendment.

The Texas law "is unlikely to withstand First Amendment scrutiny," the Supreme Court majority wrote. "Texas has thus far justified the law as necessary to balance the mix of speech on Facebook's News Feed and similar platforms; and the record reflects that Texas officials passed it because they thought those feeds skewed against politically conservative voices. But this Court has many times held, in many contexts, that it is no job for government to decide what counts as the right balance of private expression—to 'un-bias' what it thinks biased, rather than to leave such judgments to speakers and their audiences. That principle works for social-media platforms as it does for others."

A Big Tech lobby group that challenged the state laws said it was pleased by the ruling. "In a complex series of opinions that were unanimous in the outcome, but divided 6-3 in their reasoning, the Court sent the cases back to lower courts, making clear that a State may not interfere with private actors' speech," the Computer & Communications Industry Association said.

Enlarge (credit: Anadolu / Contributor | Anadolu)

Meta continues to hit walls with its heavily scrutinized plan to comply with the European Union's strict online competition law, the Digital Markets Act (DMA), by offering Facebook and Instagram subscriptions as an alternative for privacy-inclined users who want to opt out of ad targeting.

Today, the European Commission (EC) announced preliminary findings that Meta's so-called "pay or consent" or "pay or OK" model—which gives users a choice to either pay for access to its platforms or give consent to collect user data to target ads—is not compliant with the DMA.

According to the EC, Meta's advertising model violates the DMA in two ways. First, it "does not allow users to opt for a service that uses less of their personal data but is otherwise equivalent to the 'personalized ads-based service." And second, it "does not allow users to exercise their right to freely consent to the combination of their personal data," the press release said.