The Internet and the First Amendment

How should we balance freedom of speech with the flood of slanderous statements, extremist manifestoes and conspiracy theories that proliferate on the internet? The United States decided decades ago to let private companies solve that quandary themselves. The Supreme Court made this position official in three major rulings in the 1990s and early 2000s. But lawmakers aren’t sure about this arrangement, now that giant online platforms are the new town square. A series of federal court cases will address these questions. Courts have faced six broad questions about online speech:

• When can social media sites be sued over what users post?
• Can government officials block constituents on social media?
• Can the government force social media sites to host political content?
• When can the United States push social media sites to remove content?
• Can the government restrict access to online pornography?
• Can the government ban a foreign-owned social media platform?