The Supreme Court will have to directly deal with issues involving platforms and speech in a dispute that will come before the justices in the next year.
The Supreme Court receives more than 7,000 requests to review lower court decisions each year, and typically grants less than 1 percent of them. But the chances of the Supreme Court reviewing the NetChoice cases are greater than those of an average dispute. A circuit split—particularly a high-profile one such as this—makes the Supreme Court more likely to take interest. Assuming that the court agrees to hear the cases, we could expect an opinion next June.
Platforms should be free of any direct or indirect government restrictions on their ability to distribute constitutionally protected user-generated content, even if that content is distasteful or objectionable. But the platforms also should have the flexibility to set their own policies, free of government coercion, and create the environments they believe are best suited to their users. The free market—and not the government—should reward or punish these business decisions.
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