The Year Ahead 2023

The Law That Made Social Media Possible Faces a Supreme Court Showdown

Rulings in separate cases could remove liability shields and subject Facebook, Twitter and other companies to stringent regulation of political speech.

The nine justices of the US Supreme Court.

Source: US Supreme Court

A set of US Supreme Court cases could transform the legal landscape for social media companies by the end of the court’s term in late June, with potentially wide-reaching implications for political discourse and the 2024 elections.

The justices have already agreed to decide whether social media companies can be held liable for promoting harmful content posted by their users. Until now, the answer has been no, with federal appeals courts saying a provision known as Section 230 grants them sweeping immunity.