At oral arguments in April, the justices appeared divided along ideological lines, with the conservative justices leaning toward Fischer’s reading and the liberal justices inclined to agree with the government. But Justices Amy Coney Barrett and Jackson provided some hope that a compromise could be reached and that a reading of the provision to apply to actions affecting the availability of documents may be adopted.
The case is Fischer v. United States, case number 23-5572.
Social Media
Internet trade associations NetChoice LLC and the Computer & Communications Industry Association are challenging the constitutionality of Florida and Texas laws that prohibit social media platforms from removing content or users based on viewpoint.
The associations argue the state laws violate the platforms’ First Amendment right to make editorial judgments about the content presented on their websites, which they claim are similar to decisions made by newspapers and magazines. But Florida and Texas believe the platforms are common carriers required to carry all content posted by users.
