This term, the Supreme Court will reconsider America’s laissez-faire approach to regulating the internet, and in doing so it will address vital and new First Amendment questions. Can states stop social media sites from blocking certain content? Can the federal government pressure platforms to remove content it disagrees with?
In each of these cases, the Supreme Court must decide whether the government can interfere with private companies’ editorial judgments, and I hope the justices will articulate sufficiently clear principles that can endure and continue to protect online speech. Despite the unprecedented new societal challenges created by the internet, the court should not back away from its firm stance against most government intervention.