The Supreme Court, the First Amendment, and Social Media

Professor Jorge Roig teaches Constitutional Law at Touro Law Center. On this episode of the Touro Law Review Podcast, Professor Roig discusses three recent Supreme Court decisions involving the application of the First Amendment in the context of social media.

Initially Roig discusses TikTok Inc. v. Garland decision, in which the Court upheld a law making “it unlawful for companies in the United States to provide services to distribute, maintain, or update the social media platform TikTok, unless U. S. operation of the platform is severed from Chinese control.” As Roig explains, the Court rejected the petitioners’ First Amendment claim and held that the law was “facially content neutral” and “justified by a content-neutral rationale.”

Roig then discusses Moody v. NetChoice, LLC and Murthy v. Missouri, in which the Court’s analysis of First Amendment issues is intertwined with procedural issues that led to remands back to the lower courts for further consideration of the social media platforms’ claims. In his conversation with Associate Dean Rodger Citron, Roig critiques as well as describes existing law and its application in each case.