The evolution of content moderation processes from human review to algorithmic implementation is traced, with the argument that algorithms are akin to modern editors, making decisions about content distribution and display. SIIA states, in their AMICI CURIAE, that laws restricting a website’s ability to moderate content, regardless of the method employed, implicate the platform’s First Amendment rights.
______________________________________________
NetChoice, LLC v. Paxton
Issue: Whether the First Amendment prohibits viewpoint-, content-, or speaker-based laws restricting select websites from engaging in editorial choices about whether, and how, to publish and disseminate speech — or otherwise burdening those editorial choices through onerous operational and disclosure requirements
Moody v. NetChoice, LLC
Issues: (1) Whether the laws’ content-moderation restrictions comply with the First Amendment; and (2) whether the laws’ individualized-explanation requirements comply with the First Amendment.
