Big nothing-burger here. As I see it, this means it could be years yet before a real Supreme Court decision comes down.
Big nothing-burger here. As I see it, this means it could be years yet before a real Supreme Court decision comes down.
> It is necessary to say more about how the First Amendment relates to the laws’ content-moderation provisions, to ensure that the facial analysis proceeds on the right path in the courts below. That need is especially stark for the Fifth Circuit, whose decision rested on a serious misunderstanding of First Amendment precedent and principle.
Plus the 5th is based out of Texas and getting appointed there usually means getting alignment with the locals.
The core principles of content moderation and editorial review being protected free speech are pretty strongly worded throughout the decision.
yes, it will probably take years to get a case with actual standing, but you know there are people itching to offend a state's law specifically to take bring it before SCOTUS. this one was just a bit premature.
IANAL.
Because the Fifth District and the Ninth (?) District decided their respective cases in different ways. The Supreme Court often deals with cases where district courts are doing different things with the same area of law.
The districts are the actual courts at the lowest level; the circuits are the way they're organized into appeals courts.