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Supreme Court Sends Social Media Cases Back To Lower Courts To Consider First Amendment Issues
The justices want lower courts to more fully consider First Amendment implications.
“Today, we vacate both decisions for reasons separate from the First Amendment merits, because neither Court of Appeals properly considered the facial nature of NetChoice’s challenge,” Justice Elena Kagan wrote. Kagan noted that “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. Chris Marchese, director of the NetChoice Litigation Center, called the decision a “victory for First Amendment rights online.”
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