#NetChoice v. Paxton

[justinspoliticalcorner]

Ian Millhiser at Vox:

If you spent Monday morning following each of the cases handed down by the Supreme Court, you’re probably experiencing a bit of whiplash.

The biggest news out of the Court on Monday, of course, is a sweeping decision holding that former President Donald Trump was effectively allowed to do crimes while he was in office. Indeed, under the six Republican justices’ decision in Trump v. United States, it is very likely that a sitting president can order the military to assassinate his political rivals without facing any criminal consequences for doing so. Just a few minutes before the Supreme Court handed down its Trump decision, however, it also handed down another case reaffirming that the First Amendment does not permit Republican-led legislatures to seize control of what content is published by media companies. That decision, in Moody v. Netchoice, was 6-3, with three Republican justices who also held that the leader of the Republican Party was allowed to commit many crimes while he was in office joining Justice Elena Kagan’s majority opinion.

So, on the same day that the Supreme Court appears to have established that a sitting president can commit the most horrible crimes imaginable against someone who dares to speak out against him, the same Court — with three justices joining both decisions — holds that the First Amendment still imposes some limits on the government’s ability to control what content appears online. Chief Justice John Roberts and Justice Brett Kavanaugh joined both decisions in full. Justice Amy Coney Barrett joined the Netchoice opinion in full, plus nearly all of the Trump decision. [...]

What’s at stake in Netchoice?

Netchoice concerns two state laws, one from Florida and one from Texas, which seek to control what content must be published by major social media platforms such as Facebook, Twitter, or YouTube. Both laws were enacted by Republican legislatures, and signed by Republican governors, for the very purpose of forcing these platforms to publish right-leaning content that they would prefer not to publish.

As Texas Gov. Greg Abbott said before signing his state’s law, it was enacted to stop an allegedly “dangerous movement by social media companies to silence conservative viewpoints and ideas.” The two laws, and especially the Texas law, are extraordinarily broad. Texas’s, for example, prohibits major social media companies from moderating content based on “the viewpoint of the user or another person” or on “the viewpoint represented in the user’s expression or another person’s expression.”

SCOTUS ruled 6-3 in Moody v. NetChoice (and NetChoice v. Paxton) to send it back to lower courts in a case dealing with social media content moderation policies and handed a big but temporary loss to the right-wing misinformation machine.

See Also:

HuffPost: Supreme Court Bounces Back Question On Social Media Moderation

[empiricalscotus]

Taking the Fifth

There are several things that are true about the Fifth Circuit. This includes the six cases from the Fifth Circuit that are already granted for argument before the Supreme Court this term, the most from any circuit so far.  It also includes the six judges that former President Trump appointed to the Circuit.  Then there is the speculative. Some argue that the Fifth Circuit is the most…

[richdadpoor]

Montana Compares Banned TikTok to 'Cancer-Causing Radio'

Montana’s lawsuit-hungry attorney general Austin Knudsen wants US courts to think of TikTok less like a light-hearted home for viral trends and more akin to the harbinger of a life-threatening disease. In recent court filings defending his state’s unprecedented ban on the short-form video app, Knudsen compared TikTok to a “cancer-causing radio,” something he said lawmakers would likewise have a…

[mariacallous]

SCOTUS cases we're still waiting on:

Moody v. NetChoice, LLC, No. 22-277 [Arg: 2.26.2024]

Issue(s): (1) Whether the laws’ content-moderation restrictions comply with the First Amendment; and (2) whether the laws’ individualized-explanation requirements comply with the First Amendment.

NetChoice, LLC v. Paxton, No. 22-555 [Arg: 2.26.2024]

Issue(s): Whether the First Amendment prohibits viewpoint-, content-, or speaker-based laws restricting select websites from engaging in editorial choices about whether, and how, to publish and disseminate speech — or otherwise burdening those editorial choices through onerous operational and disclosure requirements.

Trump v. U.S., No. 23-939 [Arg: 4.25.2024]

Issue(s): Whether and if so to what extent does a former president enjoy presidential immunity from criminal prosecution for conduct alleged to involve official acts during his tenure in office.

[matthewsilverman]

Blog 3

The current state of social media ethics: what trends are happening in the industry?

The current state of social media ethics is very chaotic and messy. Many people just do not care about ethical behavior on the internet because they can hide behind a screen. Some of the trends related to ethics that are currently happening in the industry are an increase in disinformation, a decrease in fact checking, an increase in bias and an increase in harassment and inflammatory language. This is most likely happening due to the global political climate as well as an increase in political division and tension. Many people are also just unhappy and like to insult people online.

What are two current cases related to social media ethics?

One important case pertaining to social media ethics is NetChoice v Uthmeier in Florida which seeks to ban anyone under fourteen from social media websites. Another relevant case is NetChoice v Paxton and Moody which concerns whether states can prevent social media websites from removing certain posts and content.

Outline the current code of ethics for social media by a professional organization you would be interesting in joining as part of their social media staff.

Sag-Aftra currently has the following as the current code of ethics for social media staff. Respectful dialogue, avoid misrepresentation, do not speak on behalf of the organization, maintain confidentiality and avoid defamation. Many of these guidelines were implemented during the strike.

What brands are utilizing proper social media ethical practices?

Brands known for proper social media ethics include Patagonia, Etsy and Hello Fresh.

Are there any professionals that you feel practice strong ethical behavior on social media? 

Some professionals I feel practice strong ethical behavior on social media includes Tim Cook and Bret Baier.

What are some takeaways you can bring forth in your own practices?

I takeaway that I should remain positive, avoid politics and avoid controversial language and statements. I will also maintain a consistent voice and remain professional.

What main concepts do you think are necessary to adhere to for your own personal conduct online?

Being respectful and maintaining a profile that I am fine with my work and family viewing.

What main concepts do you feel strongly against and want to make sure you avoid on social media?

Avoiding making inappropriate and controversial statements as well as not making emotional posts and comments.

List 5-10 core concepts that you will follow as a practicing social media professional. 

Remain professional, use consistent tone, inclusion, tell the truth, use appropriate language and avoid the deadly sins of social media.

2023 WGA Strike Social Media Guidelines for Members. (n.d.). https://www.sagaftra.org/sites/default/files/sa_documents/WGA%20Strike_Social%20Media%20Guidelines%20for%20Members.pdf

bees, A. I. (2022, June 3). Top 15 Companies with Ethical Branding and Marketing for 2022. Medium. https://medium.com/@AI-bees.io/top-15-companies-with-ethical-branding-and-marketing-for-2022-671944f9d7d

(2025). Yuzu.com. https://reader2.yuzu.com/reader/books/9781071826881/epubcfi/6/24

[emmanuelx22]

SOCIAL MEDIA ON AN ETHICAL LEVEL

By Emmanuel Diaz  

The current state of social media ethics: what trends are happening in the industry? 

Trends in social media are always changing with the times, but here are two prominent trends on social media currently. The first trend I have noticed is the rise of short form video content on social platforms. Tamara Biljman notes in her article on “Sendible,” “Research also tells us that users in the US spend an average of 45.8 minutes per day on TikTok and that Instagram users watch 17.6 million hours of Reels daily.” This shows that short form video content is king in a world of users with increasingly short attention spans and a key trend in today's social media platforms as Instagram and others implement more features (such as reels) to cater to this trend in short form video consumption. The second key trend in the industry and one that really displays ethics is the need of Authentic content on social media platforms. A recent study found that 90% of consumers value authenticity when choosing brands. This highlights the importance of user generated content in a world where artificial intelligence is on the rise which marks authenticity as a key trend and key component in not only in the industry, but the ethics of the industry as well.  

What are two current cases related to social media ethics? 

Upon research, two cases I have found that deal with social media ethics is Netchoice v. Paxton and Netchoice v. Moody. I have chosen to highlight these two cases from the past year not only because of their similarity but also the ethical implications that the two cases had on social media platforms. The two cases had different results but both dealt with ethics of privacy and freedom of speech on social platforms, while Texas and Florida sought to end the ability social platforms had to censor certain posts claiming it was violation of free speech and privacy rights while Netchoice ( who represented social platforms) stated that they are only attempting to censor things like hate speech and misinformation. The cases are complex and really displays why importance of balance in social media ethics.  

Outline the current code of ethics for social media by a professional organization you would be interested in joining as part of their social media staff 

The current code of ethics for Netflix includes acting honestly, avoiding conflicts of interest, Providing, as required by law, full, fair, accurate, timely and understandable public disclosures, among others. I chose Netflix because it is not only a large streaming platform with a massive social media presence, but also because if I want to work on the social media staff, I will want an organization whose values and ethics align with mine. Ultimately Netflix's code of ethics prioritizing authenticity and honesty is something that draws me into choosing them as the organization in question.  

What brands are utilizing proper social media ethical practices? 

Many brands use social media to launch campaigns for products, but ethical marketing is predicated on the idea that morals matter for both brands and consumers. Two brands that get this done are Dr Bonners and Patagonia. Dr Bonners is an organic liquid soap company that uses a code of ethics they call “cosmic principles.” Dr Bronner’s uses its Cosmic Principles to support a wide range of causes, such as drug policy reform, income equality, sustainable, regenerative organic agriculture, and animal advocacy. In this way, the brand is considered relatable and authentic on social media by rooting its identity on these social causes people can get behind.

Patagonia is an outdoor clothing brand that uses its social causes against “fast” fashion to create a social identity with many successful campaigns. Like the first brand, Patagonia has effectively woven ethical marketing into every fabric of its brand identity. This is clear upon the first glance of its website and continues to be on every subsequent page. The two brands both had stood true to their code of ethics and have remained shining examples of proper social media ethical practices.  

Are there any professionals that you feel practice strong ethical behavior on social media?  

A professional that I feel practices strong ethical behavior on social media is Podcast host and self-improvement advocate Chris Williamson. Chris account is very authentic and accurately represents his personality, it includes self-improvement tips, casual posts, and podcast snippets that all align with his values. Overall, this authentic feel to his social media is strong ethical behavior on social media platforms.  

What are some takeaways you can bring forth in your own practices?  

I believe being authentic, avoiding conflicts of interests, and misinformation are key takeaways I could bring forth to my own practices. I went with these three key takeaways because they are most important when building a brand. This is clear if we go back to Tamaras article on “sendible” in which she states, “Consumers are tired of overly polished, generic content that feels disconnected from real-life experiences. Instead, they crave genuine interactions and relatable storytelling.” It is easy to fall for misinformation or copy what works for others, but users prefer authentic content that is truthful and unbiased.  

What main concepts do you think are necessary to adhere to for your own personal conduct online?  

The main concepts to adhere to for my own personal conduct are being authentic and knowing the rules. Laws in social media are always adapting to the times, and it is important to keep track of those laws when having a presence on social media. Authenticity is just simply an important value of mine, having creative freedom and embracing my personality is important to me, especially on social media. Lastly, I would want to use my presence in a constructive manner on social media, building relationships and providing insightful content.  

What main concepts do you feel strongly against and want to make sure you avoid on social media?  

Concepts such as spreading misinformation and not being transparent are two concepts I feel strongly against and would like to avoid on social media. We discussed how consumers prefer authentic content that is user generated and avoiding making myself or my client seem too corporate, or fake is something id avoid when building my own conduct to follow as it goes against crucial social media trends. Misinformation can go hand and hand with avoiding transparency, the rise of this on social media is worrying because it is easy to fall for misinformation if you unsure of what to look for and that is why it is important to stay vigilant and to verify sources before sharing or posting them online.  

List 5-10 core concepts that you will follow as a practicing social media professional.   

The following core concepts were taken from the 13 rules for ethical social media marketing on “out-smarts,” these are five core concepts I would follow as a practicing social media professional.  

Be Transparent  

Think before you post  

Don't compromise privacy  

Do not spread Misinformation  

Be inclusive in both language and imagery  

These five concepts are what I would follow because they are key components in developing a strong social presence for a brand. Consumers prefer content that follows these guidelines as we discussed in previous questions, and I noticed many of these concepts are frequently in community guidelines for platforms such as YouTube for example.  

[carlosvargas]

The current state of social media

                The current state of social media ethics

The current state of social media ethics: what trends are happening in the industry? (5 pts)

According to global media journal “Social media has brought about many ethical considerations for its users. Privacy, cyber bullying, misinformation, and addiction are just a few issues that users must be aware of when using these platforms.” I would also add responsible influencer marketing and how AI can be ethically used in social media as 2 more trends in the industry.

What are two current cases related to social media ethics? (5 pts)

Two current cases related to social media are Netchoice V. Paxton and Moody V. Netchoice. According to CNN business these cases will decide  “whether to give Texas and Florida significantly more control over social media platforms and their content, highlighting the central role that those services now play in modern American life. The crux of the matter: Can these platforms decide for themselves what content goes on their sites — and what can be removed?”

Outline the current code of ethics for social media by a professional organization        you would be interesting in joining as part of their social media staff. (10 pts)

According to Bankofamerica.com/social, their policy is as follows: they have acceptable content, which should not be profane, obscene, inappropriate, threatening, abusive, defamatory, hateful, false, or misleading. They also have a prohibited section: content that is copyrighted, confidential, that violates any law is prohibited. In the other guidelines section : you agree that the bank can moderate or delete any content, and that you will not violate any laws or regulations.

What brands are utilizing proper social media ethical practices? (5 pts)

According to Wisepops, Patagonia and Toms shoes are two brands that I recognize out of many that are using social media ethically. Patagonia “philosophy is all about being green, so ethical marketing is a natural part of the strategy. Besides sharing awareness of environment-friendly practices, Patagonia also promotes anti-consumerism.” All donating 1% of their huge profits. Toms shoes, started a campaign of one day without shoes to bring awareness “"A shoe company asking people to go barefoot? I know it's odd, but we are so excited for people to once again join us in One Day Without Shoes. We ask people to go the day, part of the day, or even just a few minutes, barefoot, to experience what millions of children endure every day. Awareness and empathy are the catalysts of change."

Are there any professionals that you feel practice strong ethical behavior on social media? (5 pts) There are several industry professionals that I follow on social media that I fell practice strong ethical behavior, they are president s and CEO's of companies that I will not name, but what unites them is a strong sense of truth and strong morals.

What are some takeaways you can bring forth in your own practices? (10 pts)

I believe that the most important takeaways are, be honest, have a moral compass, if there is any opportunity for confusion, clear it up. If something you are saying is your honest opinion, its ok, but if you are being biased in any way you should find a way to either clear it up, or state it.

What main concepts do you think are necessary to adhere to for your own personal conduct online? (20 pts) Have a social media policy and follow it, look up your companies policy and follow it. According to the reading “While most organizations, corporations, and businesses have a social media policy, it is important that they share certain points of information with their employees directly but also with their audiences publicly. Having a social media policy will help educate and inform your audiences what to expect from you online. Here are some must-haves for your social media policy”

What main concepts do you feel strongly against and want to make sure you avoid on social media? (20 pts)   Be aware that social media has a very long memory and that you can never get rid of something once its in the internet, also that Cancel culture exist. According to the reading, cancel culture is “stop giving support to [the person who posted the insensitive content]. The act of canceling could entail boycotting an actor’s movies or no longer reading or promoting a writer’s works. The reason for cancellation can vary, but it usually is due to the person in question having expressed an objectionable opinion, or having conducted themselves in a way that is unacceptable, so that continuing to patronize that person’s work leaves a bitter taste. (“What It Means to Get ‘Canceled,’” n.d.)”

List 5-10 core concepts that you will follow as a practicing social media professional. Include citations that you used (20 pts)

“Diversity, inclusion, and representation policies. Be inclusive for all audiences, perspectives, gender roles, and communities on social media. This is where the diversity and inclusion statements and policies from the organization, brand, or agency can be addressed and integrated into social media practices. (This is discussed more in Chapter 4.)”*

2-Responsibility for what you create, write, and share*

3-Overall tone on social media. Being respectful and professional*

*Social media for strategic communications chapter 4

[superzachattack]

Social media Ethics

What trends are happening in the industry? Throughout the beginning of social medias epoch, different internet website and People have learned certain online ethic skills to try and get along better with others and create a safer and more enjoyable environment. These Ethic skills include things such as user authentication, Privacy settings and blocking out harmful content depending on the website. All companies and website should have a code of ethics for their employees. However, it is likely that you will see these codes being broken constantly by both superiors and people below them. Two current court cases that have to do with social media ethics include The case Moody V NetChoice along with NetChoice vs Paxton. Both of these court Cases were involved in business Ethics. NetChoice was fighting for its freedom of being regulated by the Government. This would go against The website Ethics of user privacy. Thankfully NetChoice won its case due to the government realizing it had its first amendment right. Different companies have different leniency in terms of social media ethics and how harsh they can be. For example, A professional sports organization would want its players to be mindful of what they say and do, therefore fines and penalties will be applied to them even if its is something of minimal severity. Major League Baseballs social media code of ethics include:

No taking photos that could possibly plagiarize a logo

Displaying or transmitting Content via Social Media in a manner that reasonably could be construed as an official public communication

no unauthorized links of any MLB entity to the public

Displaying or transmitting Content that contains trade secrets, confidential or proprietary business information of any MLB Entity or its agents.

This is only a few of the Social media ethics code for The MLB. I feel as if this organization takes its members and players privacy very serious. I Believe this because It also fines members very quickly if they break severe ethics rules. Other Brands that demonstrate proper social media Ethics include fast food companies such as Wendy's, Starbucks because they give out deals for food online and on there mobile apps. They also interact with costumers through social media posting announcements for new items.

Lebron James is one Person I believe practices strong ethical social media behavior, He never replies to personal messages and just posts about his life and basketball career which does not go against any NBA

8 Main concepts of Social media ethics that I will follow in my social media journey include

Adhering to the target audience

frequent posting

A consistent schedule

optimizing the content I want out

Following trends

relevant content

staying updated on social media groups with similar content to mine

Understanding the importance of #'s

Out of these concepts I believe "adhering to the target audience and Following Trends" would adhere most because They are the two most important steps for the getting successful viewership on social media. The concept I am most against in social media is using other peoples struggles or setbacks to gain traction on social media. This is a common act among certain small online business that are desperate to gain some quick traction through hate on social media.

[scoutlyons]

Blog 3

The current state of social media ethics consists of growing concerns over misinformation, privacy, and mental health. Social Media platforms are faced with more pressure to combat the spread of false information while still maintaining a balance between free speech and content moderation. Meta just got rid of their fact checking which has risen many ethical concerns about perpetuating the misinformation. Data privacy continues to be a critical issue as well. The Federal Trade Commission reported one in four people who lost money due to fraud said contact with the attacker started on social media.

Two current cases related to social media ethics are as follows: NetChoice v. Paxton: A Texas law prohibits social media platforms from blocking or highlighting content based on the political view of its creators. The legality of that has been challenged as a violation of the First Amendment, and the decision in this case will have overwhelming effects on social media companies regarding their content moderation practices and liabilities in balancing free speech against their platform rules. Also Gonzalez v. Google LLC: The question presented is whether social media companies can be held liable under the antiterrorism laws for recommending content through their algorithms, specifically terrorist-related material. A decision by the Supreme Court could cut back for the first time Section 230 of the Communications Decency Act, which protects online platforms from liability in user-generated content.

I'd be interested in joining a professional social media organization similar to the Social Media Marketing Society. Their code of ethics is as follows:

Integrity and Transparency: Information is always truthful, accurate, and not misleading/deceptive in any way.

Disclosure: Any sponsored content, partnerships, or conflicts of interest should be clearly disclosed to keep the transparency level with the followers.

Respect for Privacy: Obtain users' consent prior to collecting personal data.Be sensitive to their choices regarding privacy and adhere to data protection legislation.

Confidentiality: Private information or unauthorized content should not be shared without explicit permission.

Content Accountability: Take responsibility for content published, and make sure it is in accordance with ethical standards and organizational values.

Correction of Mistakes: If there are mistakes, then correct them transparently and quickly.

Respectful Communication: Conduct professional conversations on the web with no abusive, injurious, or discriminatory language.

Conflict Resolution: Online disputes should be dealt with calmly and constructively while upholding the values of the organization.

Authentic Engagement: Encourage real engagement from an audience, not by bots or fake followers, to artificially boost numbers.

Discussion Guidelines: Positive, respectful discussion should be encouraged and interactions should be relevant and add to the community.

Platform Guidelines: Follow the rules of each social media platform.

Cultural Sensitivity: The content should be inclusive, culturally sensitive,and representative for all groups without perpetuating stereotypes.

Principle of Equal Opportunity: Content and interaction should reflect the principle of equality and inclusion for all followers.

Fairness: Use social media algorithms responsibly and ensure they are not used to manipulate, mislead, or target vulnerable groups.

Unfortunately we are living in a day and age where much of social media is used for misinformation... specifically our President and his oligarchy manipulating people and controlling information online, and social media ethics are a standards we need to uphold for the safety of our country.

There are brands that are utilizing proper social media ethics. Like I spoke about in my previous blog, Happy Hippie utilizes proper social media ethics; never spreading misinformation, as well as promoting diversity. Another brand utilizing proper social media ethics is Mystic Aquarium. I love this aquarium and follow them on all social media, and they use their content in a way that promotes joy, while also educating us about the importance of animal conservation.

I feel Mel Robbins, the self help author who has risen to fame with over 8 million instagram followers practices strong ethical behavior on her social media. She is very genuine and candid on her social media, as well as relatable. She shares personal stories of struggles that are relatable to her audience and help them build trust in her. She doesn't try to present a "perfect" life but instead, shares real life experiences that make her content relatable and human. This fosters an environment in which followers feel comfortable engaging with her content.

I think the biggest takeaways I can bring forth in my own social media practices are to be authentic and true to myself creating a solid relationship with my followers, engage with others in a respectful level, and consider the impact of my post and or comments before posting them.

Being genuine and transparent is probably the most important concept for my own social media. Sharing real thoughts and experiences that help build trust with my followers. Also respect. Respect is lacking a lot on social media and it's important to me that my followers feel respected and safe following my profile. Lastly, empathy and kindness. I will continue to be vocal about speaking ups for minorities like the LGBTQ+ community, and being an advocate for the Immigrants who make the country great.

I feel very strongly against using AI on social media. There are many pictures that have been completely twisted by AI, and that contributes to more misinformation because people often believe what they see. I will always be truthful. Misinformation is so dangerous... remember when Trump said immigrants were "eating the cats and dogs". Yeah, that stuff is very harmful. I also feel strongly against anything hateful. Using words meant to cause harm is something I will never do, in fact I unfollow people who do.

Core concepts I personally will be following on my social media platforms are as follows:

Respect for my followers. I want my social media pages to be a safe space for people.

Fairness, I would never use my platforms to manipulate any specific demographic or deliberately attempt to steer anyone wrong.

Educate followers on things like identifying misinformation, privacy risks, and understanding platform algorithms.

Approach all interactions with empathy, and emotional intelligence, especially when handling sensitive topics or criticisms.

Be truthful, I'll always fact-check information before posting to prevent spreading misinformation.

[justinspoliticalcorner]

Ian Millhiser at Vox:

No matter how bad the Supreme Court gets, it can always get worse. This reality will be on full display this week, when the justices return for the Court’s new term. Indeed, on October 3, the second day of that term, the Court will hear a case where the far-right United States Court of Appeals for the Fifth Circuit declared an entire federal agency, the Consumer Financial Protection Bureau, unconstitutional. In the unlikely event that the justices uphold this decision, a brief filed by the banking industry explains to the Supreme Court, the entire US mortgage market could seize up, as banks will have no idea what rules they need to comply with in order to issue loans. Worse, because home building, home resale, and related industries make an estimated 17 percent of the US gross domestic product, such a decision risks economic devastation unheard of since the Great Depression.

And this case, known as CFPB v. Community Financial Services Association, is one of at least six cases the Court will most likely decide this term where Fifth Circuit judges issued legally indefensible decisions that will have calamitous results if they are not reversed. That court, which is dominated by the most reactionary Trump appointees and similarly minded judges, has become the forum of choice for litigants pushing preposterous legal arguments that are unlikely to fly elsewhere, even in a very conservative judiciary. By next June, the Supreme Court is likely to toss out a Fifth Circuit decision nuking the federal government’s power to prevent companies from defrauding investors, as well as a Fifth Circuit decision which allows Texas’s GOP-controlled legislature to seize control of content moderation at social media sites like Twitter or YouTube. The Supreme Court is also likely to reverse a Fifth Circuit decision holding that people who are subject to domestic violence restraining orders — meaning that a court has determined that they are a violent threat to their romantic partner or their partner’s child — have a constitutional right to possess a gun.

[...]

And, on top of these three cases, which the Court has already agreed to hear in its upcoming term, it will also likely take up two other cases where the Fifth Circuit took leave of its senses: Alliance for Hippocratic Medicine v. FDA, which attempts to ban the abortion medication mifepristone; and Doe v. McKesson, which effectively strips political organizers of their First Amendment right to organize a protest. At least for now, in other words, the Court’s upcoming term could potentially be very different from the two that proceeded it, where the Court’s GOP-appointed majority seemed to be on a mission to seek out longstanding precedents that are out of favor within the Republican Party, and destroy them. Those decisions appear to have emboldened the most reactionary voices within the judiciary, leaving the justices with a whole lot of messes to clean up.

Which is not to say that Democrats will have much to celebrate when the justices leave town again next June. Many of the Fifth Circuit’s decisions are so poorly reasoned, and so destructive of the interests of the United States, that it would be genuinely shocking if a majority of the justices sign onto them. The Supreme Court will deserve no credit for moderation simply for reversing these decisions. That is, if it does reverse them. The Supreme Court is still dominated by conservative Republicans, three of whom were appointed by Donald Trump. So there’s always some risk that a majority of the justices will accept even the most outlandish arguments by their fellow Republican appointees on the Fifth Circuit. Meanwhile, the Court will hear at least one case, Loper Bright Enterprises v. Raimondo, involving a legal doctrine reviled by the conservative Federalist Society. Loper Bright asks the justices to overrule something known as the “Chevron doctrine,” which limits the power of the federal judiciary (currently controlled by the Republican Party) to overrule decisions made by the executive branch (currently led by a Democrat). Additionally, the Court will hear cases that could weaken many civil rights laws, and that could invigorate racial gerrymandering. And it’s likely that the Court will take up one or more cases involving state laws that target transgender youth before the upcoming term is complete.

The Fifth Circuit’s CFPB decision could trigger a global economic depression if it is upheld by the justices

Congress created the CFPB two years after a toxic mix of unwise mortgages and unsafe financial assets threw both the US housing market and US lending markets into turmoil. As the Supreme Court has explained, the CFPB “has the sole responsibility to administer 19 separate consumer-protection statutes that cover everything from credit cards and car payments to mortgages and student loans.” Many of these statutes are longstanding banking regulations and consumer protections that were previously overseen by other agencies — that authority was transferred to the CFPB by the 2010 law creating the agency. Though the primary purpose of the CFPB is to protect consumers from potentially abusive behavior by banks and other lenders, it also provides an important service to the banking industry itself. In the last dozen or so years, the agency has promulgated various rules telling lenders how to comply with their obligations under federal law — laying out which disclosures lenders must make to borrowers, and providing a “safe harbor” to banks that issue loans below a certain rate.

Without these rules in place, the mortgage industry warns in a brief to the justices, lenders and other players in this industry simply would not know how to comply with the law. “This would leave market participants unable to certify compliance and invite challenges relating to past certifications, representations, and warranties,” the brief explains. “As a result, the mortgage market could grind to a halt.” And if it did, it could very well bring the rest of the global economy down with it. Nevertheless, the Fifth Circuit’s decision in Community Financial Services v. CFPB, a case the Supreme Court will hear in October, invites all of these catastrophic consequences and more. The Fifth Circuit’s decision claims that the mechanism Congress used to fund the CFPB is unconstitutional, a decision that would potentially invalidate everything the agency has ever done because it would mean that the CFPB was not allowed to spend a single dollar on anything, including hiring regulators to write lending rules.

[...] One consequence of Bruen is the Fifth Circuit’s decision in United States v. Rahimi, which struck down a federal law prohibiting individuals from “possessing a firearm while under a domestic violence restraining order.” That is, the Fifth Circuit held that people who have been determined, by a court, to be a violent threat to their romantic partner or their partner’s child have a constitutional right to own a gun.

The most alarming thing about this decision is that it is far from clear that the Fifth Circuit was wrong in Rahimi, at least if you accept Bruen as legitimate. Domestic violence certainly existed before the 19th century, but no state made assaulting one’s spouse a crime until 1871, when the Alabama Supreme Court ruled that a husband and wife “may be indicted for assault and battery upon each other.” A responsible Supreme Court would recognize that Bruen is unworkable, and seize upon the Rahimi case as an opportunity to overrule it. Realistically, however, that outcome is unlikely. That said, several of the Court’s Republican appointees have endorsed creating categorical carveouts to the Second Amendment for individuals who are potentially a threat to others. Justice Brett Kavanaugh, for example, supports “longstanding prohibitions on the possession of firearms by felons and the mentally ill.” Justice Amy Coney Barrett wrote, when she was still a lower court judge, that “legislatures have the power to prohibit dangerous people from possessing guns.” [...]

We may find out what the justices actually think about voting rights

One year ago, if the Supreme Court were planning to hear Alexander v. South Carolina State Conference of the NAACP, an appeal of a lower court’s decision striking down a racially gerrymandered congressional district in South Carolina, that would have been a cause of considerable alarm for anyone who supports liberal democracy in the United States. Until recently, the Court’s Republican-appointed majority appeared quite hostile toward the right to vote, and especially toward the right to be protected from race discrimination at the polls. In Shelby County v. Holder (2013), for example, the Court’s Republicans ruled that a key provision of the Voting Rights Act violates “‘fundamental principle of equal sovereignty’ among the States,” a principle that appears nowhere in the Constitution, and that seems to have been made up solely to attack this one provision of law. Similarly, in Brnovich v. DNC (2021), the Court’s Republicans simply invented a bunch of new limits on the Voting Rights Act, such as a strong presumption that voting restrictions that were commonplace in 1982 are lawful, that appear nowhere in any law or in the Constitution. As Justice Elena Kagan wrote in dissent, Brnovich “mostly inhabits a law-free zone.” [...]

The Court could concentrate even more power within the Republican-controlled judiciary

In Loper Bright Enterprises v. Raimondo, the Supreme Court will decide whether to overrule its seminal decision in Chevron v. National Resources Defense Council (1984), which held that courts should defer to an agency’s reading of federal law if it is unclear whether the agency had the legal authority to promulgate a particular regulation. Chevron typically required judges to defer to policymaking decisions by agencies, regardless of whether those decisions involved major or minor questions. So decisions like Nebraska have already overruled Chevron with respect to the most consequential actions by agencies.

Loper Bright, in other words, tees up the question of whether the courts will have the final word on pretty much every policy question that Congress intended a federal agency to resolve. If Chevron is overruled, the GOP-controlled federal judiciary will gain the power to micromanage virtually any policy decision made by officials within the Biden administration, including small-bore decisions that do not fit within the so-called major questions doctrine. As a practical matter, that would make the United States government both less democratic and less competent. The Chevron decision was grounded in two insights. One is that “judges are not experts” in the kind of specialized and technical questions that often come before federal agencies. So, if we give too much regulatory authority to judges, we’re going to wind up with a very poorly governed nation. [...] In Moore v. United States, the plaintiffs ask the justices to rule that the Constitution effectively forbids taxation of unrealized assets. The case was brought by investors who want a refund on taxes they paid on a foreign investment, but Moore is widely viewed as a stalking horse against the sort of wealth taxes supported by many Democrats. [...]

Testers are an important part of civil rights enforcement because they can smoke out discrimination that might otherwise go undetected. Ordinarily, if a family inquires about renting an apartment and is told that none are available, they are likely to simply walk away. And, even if they suspect discrimination, how are they to prove it unless they happen to know about a family of another race that received contradictory information from the same landlord?

But this term the Court will hear a case brought by a self-described “tester,” Acheson Hotels v. Laufer, which seriously tests the limits of constitutional standing. The plaintiff in Acheson Hotels is a woman who, according to the defendant’s brief, has “sued over 600 hotels ... claiming that they failed to post accessibility information on their websites,” in violation of a federal regulation that requires hotels to inform potential customers of whether their rooms are accessible to disabled people. (The regulation does not actually require the rooms to be accessible, but it is intended to prevent disabled patrons from booking a room and traveling to a distant town, only to learn that their room is inaccessible to them.) Significantly, this plaintiff apparently has no intention of actually staying in any of these hotels. As a constitutional matter, this plaintiff should not have standing to sue all of these hotels. The Supreme Court has long held that a party filing a federal lawsuit must allege a “particularized” injury, meaning that they must have been injured in some way that is specific to the plaintiff, and that is not shared in common by the general public. But the plaintiff in Acheson Hotels does not allege any kind of particularized injury. She merely alleges she is unable to find information online that is also unavailable to everyone else in the world.

The new Supreme Court term has begun, and there are key cases that will be on the docket that will likely get decided this term.

Some key cases:

CFPB v. Community Financial Services Association: the case that determines the legality of the CFPB.

Alliance For Hippocratic Medicine v. FDA: the case that could determine whether mifepristone is legal.

United States v. Rahimi: the case that an individual possessing a firearm while under a domestic violence restraining order is lawful or not.

Alexander v. NAACP: the case that struck down a racially gerrymandered Congressional district in South Carolina by a lower court.

Loper Bright Enterprises v. Raimondo: the case that could determine the fate of the Chevron doctrine.

Moore v. United States: the case that could ban wealth taxes.

Acheson Hotels v. Laufer: the case that could significantly change the limits of constitutional standing and ban testers.

At least one case on state laws targeting trans youth could also be taken up by the time this term ends.

See Also:

Daily Kos: Here are the crucial cases before the Supreme Court this year

[carlysviewonsocialmedia]

Social Media Marketing

Carly Kelly

The current state of social media ethics: what trends are happening in the industry? (5 pts)  a lot of misinformation is shared on social media to get lots of views and clicks from people who are interested and restricting what someone can post

What are two current cases related to social media ethics? (5 pts) netchoice v. Paxton & O’Connor Ratcliff

Outline the current code of ethics for social media by a professional organization you would be interested in joining as part of their social media staff. (10 pts) I would want to join BMW’s social media page because I work at bmw and I think it would be interesting

What brands are utilizing proper social media ethical practices? (5 pts) some brands are ben & jerrys, lush cosmetics,toms of maine. And microsoft

Are there any professionals that you feel practice strong ethical behavior on social media? (5 pts) health care professionals 

What are some takeaways you can bring forth in your own practices? (10 pts)  empathy and emotional support

What main concepts do you think are necessary to adhere to for your own personal conduct online? (20 pts) use my information wisely and provide credible sources 

What main concepts do you feel strongly against and want to make sure you avoid on social media? (20 pts) using terms like “you wont believe this” and “if i reach this many likes i will tell you the truth of…”. making something sound outrageous to get views.

List 5-10 core concepts that you will follow as a practicing social media professional. Include citations that you used (20 pts)

Use credible sources

Keep posts professional

Use my plate for for positive change

Foster critical thinking

Avoid bias

[billyb]

The AI Conversation: Your Move

Imagine a world where every word is a coin toss.

Heads: truth. Tails: an AI's best guess.

This isn't sci-fi. It's tomorrow's headline.

Unregulated AI isn't just a tech issue. It's a democracy issue.

A human issue.

So what can you do?

Start here:

Demand transparency. Ask your representatives about AI regulation. What's their stance? Their plan?

Support responsible AI. Choose products and platforms that prioritize ethical AI development.

Educate yourself. Learn to spot AI-generated content. Teach others.

Engage in real conversations. IRL. Face-to-face. Remind yourself what genuine human interaction feels like.

Create, don't just consume. Write. Speak. Share your voice. It matters more than ever.

Because democracy?

It's not just a system. It's a conversation.

A global, messy, beautiful conversation that keeps going.

And it needs your voice.

Right now, the Supreme Court is grappling with NetChoice v. Paxton, a case that could reshape how we regulate online speech and AI-driven content moderation.

As we debate whether Texas can force social media platforms to host all viewpoints, we're really asking:

In an AI-dominated landscape, who decides what we see and hear?

The platforms? The government? The AI itself?

Our digital town square hangs in the balance, and with it, the future of our democratic discourse

We're at a crossroads.

One path leads to a cacophony of misinformation.

The other? A symphony of human-AI collaboration.

The choice is ours. But the window is closing.

Every tweet, every post, every conversation shapes our future.

What future are you speaking into existence?

Remember: In the age of AI, our words still count. Our actions echo.

What will your echo be?

Your move.

#regulate #ai

[isfeed]

Supreme Court rules in major internet speech cases

Illustration by Cath Virginia / The Verge | Photos via Getty Images On Monday, the Supreme Court issued its decision in two consequential cases about the future of speech on the internet. The Supreme Court vacated the appeals court decisions in Moody v. NetChoice and NetChoice v. Paxton, ruling that neither court adequately analyze whether the social media content moderation laws in Florida and…

[aidan-sousa]

Social Media Policy

Social Media, like anything else, is always evolving and changing. We see how brand and companies react to the changes on social media. A trend that is happening is that brands on twitter, instagram and facebook will post more lighthearted images and videos such as memes related to their product. One current case is Moody vs Netchoice https://www.oyez.org/cases/2023/22-277. This case is still pending and was just created earlier this year. Another current and ongoing case is the Free Speech Coalition vs Paxton https://www.scotusblog.com/case-files/cases/free-speech-coalition-v-paxton/ . This case is also currently ongoing as well. The ongoing issue according to Scotusblock.com is "Whether the Supreme Court should stay the U.S. Court of Appeals for the 5th Circuit’s judgment allowing Texas to enforce the age verification requirements of H.B. 1181 on commercial websites that contain sexual content." I looked at Instagram's code for ethics on social media https://about.instagram.com/blog/announcements/instagram-community-guidelines-faqs#:~:text=Illegal%20Content%20%E2%80%93%20We%20don't,the%20targeting%20of%20private%20individuals. Some basic rules are no nudity, hate speech/bullying, no violence, and praising of terrorism or violence either.

One brand who constantly good social media practices is Patagonia https://medium.com/@vmcgowan/how-patagonia-is-doing-social-media-right-b3bc6e1b06d7. One good thing that they do is that they post photos that people have sent to them wearing their brand or supporting their brand. Patagonia is also a brand that supports the environment. One professional that practices good social media ethics is Jayson Tatum https://www.instagram.com/jaytatum0/. Jayson is someone that any kid can look up to as a good influence and it shows on his Instagram. Jayson is the top player for the Celtics so he knows that he will always be looked at heavily in the public eye. All of his posts are just pictures of him on the court playing, pictures of him with friends and teammates and pictures of him with his kid. All of these posts are very harmless and anyone can go on his account without getting offended at all by anything. Some takeaways to get from his posts are that when you are a celebrity, it is important to know that everything that is posted will instantly be seen for everyone to see forever because that post will be screenshotted by people right away. This same rule can be applied to everyone that uses social media and you really have to careful and think over what you are about to post.

Colorado State University put up a great article on the rules of the internet and how to conduct yourself https://coursedesign.colostate.edu/obj/corerulesnet.html . Some obvious ones that are on here is to respect everyone and remember that the person on the other side of the screen is also a human. Another key thing is to treat another person as you would if you were talking to them in real life. Another important key is to remember to respect everyone else's privacy.

Some core concepts to follow when online that I would like to use

Respect privacy

Be respectful and not to use offensive language publicly

Always be careful of who you accept on friends lists

Make sure you double check everything you post

Remember there is another person on the other side of the screen

[fiiresiidefrfr]

Little need-to-know update for today:

The Supreme Court is hearing two cases involving internet moderation on Social Media sites:

- Moody v. Netchoice, LLC. (Florida case; Banning political candidates, such as Trump, and "journalistic enterprises")

- Netchoice, LLC. v. Paxton (Texas case; Moderating practices on social media)

If both of these cases go against Netchoice, then moderation on Social Media sites such as this one will be heavily restricted by law, and allow for more hate messages to be spread with little consequence.

I do not believe that the Moody case will make it, as prior SC cases involving other mediums have allowed publishing companies to pick and choose what and whose content they publish.

Miami Herald Publishing Co. v. Tornillo, 418 U.S. 241 (1974) prevented newspapers from having to offer equal access and treatment to political candidates when responding to editorial articles. If we're using the same logic with Moody, then social media sites shouldn't be forced to give political candidates equal access if they believe that one of them are breaking their terms of service.

As for Paxton, there's no prior legal cases to really utilize, since content moderation hasn't been heard by the SC. This is the case that would primarily allow more hate speech, since mods of SM sites would be heavily restricted in their moderation of individual users. Because of this, I could see this case going either way.

Also, little update: they've now spent the last 11 minutes discussing the Tide Pod challenge as evidence, which is a head trip to say the least.

[funky-lill-communist]

I'm fairly certain The tik tok ban also violates our freedom of speech, because it overturns or I guess the better word would be overrules Moody v netchoice as well as netchoice v paxton. I believe there's another one also but I can't remember which case it was.

Hey!! Just wanna share my opinion on the TikTok ban here. Put on your tinfoil hats cause I’m gonna sound nuts when I say this but I think it’s all a huge publicity stunt for trump

LISTEN LISTEN I just don’t think that it’s a coincidence that everything’s been happening just TEN DAYS before trump gets into office. Basically what I’m saying is there was some kind of deal brought up that would make it look like tiktok- one of the most generally beloved platforms on earth (especially in america)- would be getting banned, obviously throwing everyone in a panic JUST so trump can come in and save the day so everybody will love him. Remember this is the same guy that wanted it banned years ago. Remember this is the same guy that will and has blatantly lied to his audience just for brownie points. Trumps ENTIRE business model is just saying what people wanna hear. THAT IS WHAT THIS IS!!! He’s taking the easy route of doing something that he knows everyone will unanimously agree is a good thing to do in order to make him out to be a hero IN ORDER TO GAIN SUPPORTERS

Yes yes I sound like the insane liberal here but this has literally happened before. There’s allegations of Ronald Reagan making a deal with Iran to keep hostages until he was in office rather than before when Jimmy Carter was president so that the event of the hostages being freed could be in HIS name since, technically, they were freed during his term

This event created a whole term - “October Surprise” - and BY DEFINITION is “a news event that may influence the outcome of an upcoming November election, whether deliberately planned or spontaneously occurring”

Compare this to the Trump and TikTok situation- the ban being set to go into effect on the 19th, just coincidentally a single day before trump gets in power, setting up the perfect heroic entrance for Trump

Or maybe I’m just inhaling too much aluminium foil particles and it’s making me insane