active federal-statute federal Enacted 2024-04-24
Federal law requiring ByteDance to divest TikTok or face prohibition from US app stores and web hosting services.
Impact: Affects 170+ million American TikTok users and establishes precedent for regulating foreign-owned social media platforms based on national security concerns.
Key Provisions: forced-divestitureapp-store-prohibition +3 more
Challenges: tiktok-inc-v-garland, first-amendment-challenges +1 more
active supreme-court federal Enacted 2023-05-18
Supreme Court case addressing Section 230 immunity for algorithmic content recommendations
Impact: Avoided ruling on core Section 230 protections for platform recommendation algorithms
Key Provisions: algorithmic-recommendation-immunitysection-230-interpretation +1 more
Challenges: section-230-scope, algorithmic-liability
active supreme-court federal Enacted 2021-09-16
Supreme Court case challenging Texas HB 20's restrictions on social media content moderation
Impact: Establishes precedent for First Amendment protections of platform editorial decisions while requiring detailed constitutional analysis of state social media laws
Key Provisions: facial-challenge-analysiseditorial-judgment-protection +2 more
Challenges: circuit-split-resolution, state-federal-conflict +1 more
active state-law state-texas Enacted 2021-09-09
Texas law prohibiting large social media platforms from censoring users based on viewpoint
Impact: Attempts to restrict content moderation by platforms with over 50 million users, challenging traditional understanding of First Amendment rights
Key Provisions: Prohibits censoring users based on viewpointRequires disclosure of content moderation policies +2 more
Challenges: NetChoice v. Paxton (5th Circuit upheld law), Supreme Court review pending +1 more
pending state-law state-florida Enacted 2021-05-24
Florida law restricting social media platforms from deplatforming political candidates and requiring content moderation transparency
Impact: First state law attempting to regulate platform moderation of political content, largely blocked by courts on First Amendment grounds
Key Provisions: Prohibits deplatforming political candidates$250,000 daily fines for deplatforming statewide candidates +2 more
Challenges: NetChoice v. Moody (11th Circuit largely blocked law), Supreme Court review pending +1 more
overturned state-law state-maryland Enacted 2018-07-01
Maryland state law requiring disclosure and recordkeeping for online political advertisements, establishing transparency requirements for digital platforms.
Impact: First comprehensive state regulation of online political advertising with specific platform disclosure and recordkeeping requirements.
Key Provisions: platform-disclosure-requirements48-hour-recordkeeping +3 more
Challenges: constitutional-challenge, first-amendment-violation
active federal-statute federal Enacted 2018-04-11
Package of laws creating an exception to Section 230 immunity for websites that facilitate sex trafficking
Impact: First major carve-out from Section 230 protections, led to widespread content moderation changes and platform closures
Key Provisions: Creates civil liability for websites that promote or facilitate prostitutionAllows state criminal prosecutions of websites +2 more
Challenges: Woodhull Freedom Foundation v. United States (constitutional challenge), Criticism from sex worker advocacy groups +1 more
active supreme-court federal Enacted 2017-06-19
Supreme Court ruling that social media access is a protected First Amendment right, establishing platforms as the 'modern public square'
Impact: Landmark decision protecting First Amendment rights to access social media platforms and establishing constitutional framework for digital speech restrictions
Key Provisions: social-media-access-protectionmodern-public-square-doctrine +2 more
overturned regulatory-ruling federal Enacted 2015-02-26
FCC order reclassifying broadband as a Title II telecommunications service and establishing net neutrality rules
Impact: Prohibited ISPs from blocking, throttling, or creating paid prioritization for internet traffic
Key Provisions: No blocking of legal content, applications, or servicesNo throttling of lawful internet traffic +2 more
Challenges: Repealed by FCC in 2017 Restoring Internet Freedom Order, Multiple court challenges from ISPs +1 more
active supreme-court federal Enacted 2014-04-02
Supreme Court decision striking down aggregate limits on individual campaign contributions, expanding donor capacity and enabling growth of digital fundraising platforms.
Impact: Removed aggregate contribution limits, facilitating large-scale digital fundraising operations and sophisticated online campaign finance systems.
Key Provisions: aggregate-limits-removalbase-limits-preserved +2 more
Challenges: constitutional-challenge, campaign-finance-reform
active supreme-court federal Enacted 2010-01-21
Supreme Court ruling that political spending by corporations and unions is protected speech under the First Amendment
Impact: Transformed campaign finance by allowing unlimited independent political expenditures by corporations and unions, leading to rise of Super PACs
Key Provisions: Corporate funding of independent political broadcasts cannot be limited under the First AmendmentDisclosure requirements for political advertising upheld +1 more
Challenges: Multiple proposed constitutional amendments to overturn, Various state and local campaign finance reform efforts +1 more
amended supreme-court federal Enacted 2003-12-10
Supreme Court decision upholding most provisions of the McCain-Feingold Act, establishing framework for regulating political advertising across all media platforms including digital communications.
Impact: Defined 'electioneering communications' regulations that apply to digital platforms and established disclosure requirements for political advertising online.
Key Provisions: electioneering-communications-definitionsoft-money-ban +3 more
Challenges: citizens-united-partial-overturn, speechnow-org-challenge +1 more
active supreme-court federal Enacted 1997-06-26
Supreme Court ruling striking down anti-indecency provisions of the Communications Decency Act, establishing foundational First Amendment protections for online speech
Impact: Established that the internet deserves the highest level of First Amendment protection and struck down government attempts to regulate online content based on indecency
Key Provisions: internet-first-amendment-protectionindecency-regulation-unconstitutional +1 more
active federal-statute federal Enacted 1996
Provides immunity to online platforms from liability for user-generated content while allowing them to moderate content in good faith
Impact: Foundational law enabling the growth of social media platforms and user-generated content sites by shielding them from most liability for user posts
Key Provisions: No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content providerGood Samaritan provision allowing platforms to restrict access to objectionable material +1 more
Challenges: Multiple congressional proposals to reform or repeal, Executive Order on Preventing Online Censorship (2020) +1 more