CNN has a rare inside look at the Supreme Court deliberations that led to the (bad!) Texas and Florida social media regulations being put on hold and sent back to the lower courts to figure out how they would affect other kinds of websites and services. It almost went the other way, until Samuel Alito went too far in his first draft and Amy Coney Barrett flipped, eventually joining the 6-3 majority opinion.
[Alito] questioned whether any of the platforms’ content-moderation could be considered “expressive” activity under the First Amendment.
Barrett, a crucial vote as the case played out, believed some choices regarding content indeed reflected editorial judgments protected by the First Amendment. She became persuaded by Kagan, but she also wanted to draw lines between the varying types of algorithms platforms use.
The ruling is already having an impact on other moderation cases.
