Here’s how the Supreme Court got the big free speech stuff right

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In what some saw as anticlimactic, the Supreme Court last Monday declined to decide whether Texas and Florida laws regulating social media moderation policies violate the First Amendment. But the big news from these consolidated cases was what the court did say.

Justice Elena Kagan’s majority opinion in Moody v. NetChoice (decided with NetChoice v. Paxton), made clear that the First Amendment “does not go on leave when social media are involved.”  

What does that mean? Kagan and a solid majority laid down the basic First Amendment principles that will govern the cases going forward in terms so plain that not even the Fifth Circuit can get it wrong the next time around.

The First Amendment of the U.S. Constitution was ratified on Dec. 15, 1791, part of the first 10 amendments known as the Bill of Rights. (iStock)

The two cases were part of the political fallout after former President Trump was kicked off Twitter (now X),

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