Debate: The Constitutionality of Laws Limiting Social Media Platforms to Control Content

This debate is based on two state laws enacted in Florida and Texas that the Supreme Court is reviewing this term. Two cases, which are challenges to state laws restricting content moderation on social media platforms, will be decided together. A decision is expected by Summer 2024.

Case 1: Moody v. NetChoice, LLC

Case 2: NetChoice, LLC v. Paxton

There are two questions at hand in these cases: (1) Whether the laws' content-moderation restrictions comply with the First Amendment; (2) Whether the law's individualized-explanation requirements comply with the First Amendment.

FOR THE PURPOSES OF THIS CLASS DEBATE, PLEASE FOCUS ONLY ON THE FIRST QUESTION AT HAND: Whether the laws' content-moderation restrictions comply with the First Amendment.

*Basic Instructions*:

Make a thesis in favor of your position (about ten words max), and find three legal arguments that support that thesis. Each argument should be a concise statement with a brief summary explaining why the legal argument supports your position.

Try to think in terms of finding three legal arguments (each one about ten words max), each one with a separate brief summary/synopsis not to exceed one hundred words (one hundred words for each argument).

If you are a few words over/under, that's fine, just try to use this as a guideline.

Rules for Online Discussion Debate --Complete Steps 1-4 to get the full 25 points.

1. Choose a PRO or CON position on whether you believe the state laws' content-moderation restrictions comply with the First Amendment. (PRO = you believe the state laws restricting Social Media content-moderation is OK, CON = you believe the state laws restricting Social Media content-moderation is NOT ok). Maximum 18 people per side (please choose a side that is unrepresented-- this is necessary for this debate to be fruitful!). You can claim a position as soon as you want and return at a later date to add your arguments.
2. By completing your own independent research, findthreesignificant legal arguments in favor of your side. Your arguments do NOT need to be arguments raised in the cases noted above but I do recommend looking at the cases for a starting point. Post your arguments (each argument heading should be about ten words), along with with a brief explanation & your reasoning for each argument (max one hundred words for EACH argument)