Laws & Rulings

Statutes and court decisions that shape digital speech

14 laws and rulings documented

Type to filter results

Protecting Americans from Foreign Adversary Controlled Applications Act

active federal-statute federal Enacted April 24, 2024

Federal law requiring ByteDance to divest TikTok or face prohibition from US app stores and web hosting services.

Legal Impact:

Affects 170+ million American TikTok users and establishes precedent for regulating foreign-owned social media platforms based on national security concerns.

Key Issues:
forced-divestitureapp-store-prohibition+3more
Legal Context:
tiktok-inc-v-garlandfirst-amendment-challenges+1more

Gonzalez v. Google LLC

active supreme-court federal Enacted May 18, 2023

Supreme Court case addressing Section 230 immunity for algorithmic content recommendations

Legal Impact:

Avoided ruling on core Section 230 protections for platform recommendation algorithms

Key Issues:
algorithmic-recommendation-immunitysection-230-interpretation+1more
Legal Context:
section-230-scopealgorithmic-liability

Texas HB 20

active state-law state-texas Enacted September 9, 2021

Texas law prohibiting large social media platforms from restricting or removing content based on user viewpoint

Legal Impact:

Restricts content moderation by platforms with over 50 million monthly active users in the United States, raising questions about the application of First Amendment protections to platform editorial decisions

Key Issues:
Prohibits restricting or removing content based on user viewpointRequires disclosure of content moderation policies+2more
Legal Context:
NetChoice v. Paxton (5th Circuit upheld law; Supreme Court vacated and remanded July 2024)Supreme Court ruled July 2024 in Moody v. NetChoice+1more

Florida SB 7072

active state-law state-florida Enacted May 24, 2021

Florida law restricting social media platforms from deplatforming political candidates and requiring content moderation transparency

Legal Impact:

Among the earliest state laws attempting to regulate platform moderation of political content, largely blocked by courts on First Amendment grounds

Key Issues:
Prohibits deplatforming political candidates$250,000 daily fines for deplatforming statewide candidates; $25,000/day for other candidates+2more
Legal Context:
NetChoice v. Moody (11th Circuit largely blocked law)Supreme Court ruled in Moody v. NetChoice (July 2024)+1more

Maryland Online Electioneering Transparency and Accountability Act

amended state-law state-maryland Enacted April 24, 2018

Maryland state law requiring disclosure and recordkeeping for online political advertisements, establishing transparency requirements for digital platforms.

Legal Impact:

State regulation of online political advertising with specific platform disclosure and recordkeeping requirements, partially struck down by the Fourth Circuit.

Key Issues:
platform-disclosure-requirements48-hour-recordkeeping+3more
Legal Context:
constitutional-challengefirst-amendment-violation

FOSTA-SESTA

active federal-statute federal Enacted April 11, 2018

Package of laws creating an exception to Section 230 immunity for websites that facilitate sex trafficking

Legal Impact:

First major carve-out from Section 230 protections, led to widespread content moderation changes and platform closures

Key Issues:
Creates civil liability for websites that promote or facilitate prostitutionAllows state criminal prosecutions of websites+2more
Legal Context:
Woodhull Freedom Foundation v. United States (constitutional challenge)Criticism from sex worker advocacy groups+1more

Packingham v. North Carolina

active supreme-court federal Enacted June 19, 2017

Supreme Court ruling that social media access is a protected First Amendment right, establishing platforms as the 'modern public square'

Legal Impact:

Decision protecting First Amendment rights to access social media platforms and establishing a constitutional framework for evaluating government restrictions on social media access

Key Issues:
social-media-access-protectionmodern-public-square-doctrine+2more

2015 Open Internet Order

overturned regulatory-ruling federal Enacted February 26, 2015

FCC order reclassifying broadband as a Title II telecommunications service and establishing net neutrality rules

Legal Impact:

Prohibited ISPs from blocking, throttling, or creating paid prioritization for internet traffic

Key Issues:
No blocking of legal content, applications, or servicesNo throttling of lawful internet traffic+2more
Legal Context:
Repealed by FCC in 2017 Restoring Internet Freedom OrderMultiple court challenges from ISPs+1more

McCutcheon v. Federal Election Commission

active supreme-court federal Enacted April 2, 2014

Supreme Court decision striking down aggregate limits on individual campaign contributions, expanding donor capacity and enabling growth of digital fundraising platforms.

Legal Impact:

Removed aggregate contribution limits, facilitating large-scale digital fundraising operations and sophisticated online campaign finance systems.

Key Issues:
aggregate-limits-removalbase-limits-preserved+2more
Legal Context:
constitutional-challengecampaign-finance-reform

Citizens United v. FEC

active supreme-court federal Enacted January 21, 2010

Supreme Court ruling that political spending by corporations and unions is protected speech under the First Amendment

Legal Impact:

Changed campaign finance by allowing unlimited independent political expenditures by corporations and unions

Key Issues:
Corporate funding of independent political broadcasts cannot be limited under the First AmendmentDisclosure requirements for political advertising upheld+1more
Legal Context:
Multiple proposed constitutional amendments to overturnVarious state and local campaign finance reform efforts+1more

McConnell v. Federal Election Commission

amended supreme-court federal Enacted December 10, 2003

Supreme Court decision upholding most provisions of the McCain-Feingold Act, including restrictions on electioneering communications via broadcast, cable, and satellite and the soft money ban.

Legal Impact:

Sustained the constitutionality of electioneering communications restrictions covering broadcast, cable, and satellite, along with disclosure requirements and the soft money ban.

Key Issues:
electioneering-communications-definitionsoft-money-ban+3more
Legal Context:
citizens-united-partial-overturnspeechnow-org-challenge+1more

NetChoice v. Paxton

active supreme-court federal

Supreme Court case, formally styled Moody v. NetChoice, challenging Texas HB 20's restrictions on social media content moderation

Legal Impact:

Establishes precedent for First Amendment protections of platform editorial decisions while requiring detailed constitutional analysis of state social media laws

Key Issues:
facial-challenge-analysiseditorial-judgment-protection+2more
Legal Context:
circuit-split-resolutionstate-federal-conflict+1more

Reno v. American Civil Liberties Union

active supreme-court federal Enacted June 26, 1997

Supreme Court ruling striking down anti-indecency provisions of the Communications Decency Act, establishing First Amendment protections for online speech

Legal Impact:

Established that the internet is subject to the highest level of First Amendment protection and struck down provisions criminalizing transmission of indecent material to minors online

Key Issues:
internet-first-amendment-protectionindecency-regulation-unconstitutional+1more

Section 230 of the Communications Decency Act

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

Legal Impact:

Federal statute providing liability immunity for online platforms regarding user-generated content, enabling the growth of social media platforms, forums, and content-sharing services

Key Issues:
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+1more
Legal Context:
Multiple congressional proposals to reform or repealExecutive Order on Preventing Online Censorship (2020)+1more
This site is under active development. Content and features may change.