Common Sense Media Responds to Supreme Court Decision to Remand Social Media Cases for Additional Consideration

WASHINGTON, Jul 1, 2024 — Common Sense Media today applauded the U.S. Supreme Court for remanding to the lower courts two critical cases involving the ability of social media companies to moderate content on their sites that they deem to be harmful or inappropriate. By returning the pair of cases, Moody v. NetChoice and NetChoice v. Paxton, and vacating the earlier judgements, the Court allowed for the time being the companies to take action they deem necessary on their own sites while the First Amendment implications of the cases are reviewed further. The ultimate outcome of these two cases have potentially far reaching consequences for the protection of our elections, public health, as well as the health and well-being of children and teens online.

Following the decision, James P. Steyer, founder and CEO of Common Sense Media, issued the following statement.

"SCOTUS has rightly,for the time being, rejected politically-motivated state laws from limiting platforms' abilities to moderate online content, including to protect children and teens. At the same time, the Court made it clear that there is room for regulation of social media platforms. And, it has questioned industry tactics of attacking social media laws wholesale as soon as they are enacted.

"We agree with SCOTUS in that we believe social media companies must be allowed to moderate their content. We also believe – like SCOTUS – that social media platforms function in a variety of ways, and that these different functions need to be weighed when considering the constitutionality of these laws. And we agree with the Court that lawmakers and agencies are in a good position to respond to emerging challenges. We further believe that regulation is needed because these companies cannot be trusted to manage their platforms responsibly, especially given how their harmful design features have resulted in a youth mental health crisis–and the government has a substantial interest in addressing such a crisis.

"While the lower courts continue to examine the constitutional implications of the Florida and Texas laws, we cannot lose time in working to protect kids and teens from the harms that we know - and the companies know - they are facing today. Congress, state lawmakers, tech platforms themselves, educators, and parents can collaborate now to find ways to protect kids and teens and their families from social media's harmful design features. Together, we can ensure child safety online and require platforms to change their practices, so that young people do not suffer the side effects of Big Tech greed or legislative inaction."

About Common Sense:

Common Sense is dedicated to improving the lives of kids and families by providing the trustworthy information, education, and independent voice they need to thrive. Our ratings, research, and resources reach approximately 150 million users worldwide and 1.2 million educators per year. Learn more at www.commonsense.org.