USCA11 Case: 21-12355
6
Date Filed: 05/23/2022
Opinion of the Court
Page: 6 of 67
21-12355
example, might publish terms of service or community standards
specifying the type of content that it will (and won’t) allow on its
site, add addenda or disclaimers to certain posts (say, warning of
misinformation or mature content), or publish its own posts.
Third, and relatedly, social-media platforms aren’t “dumb
pipes”: They’re not just servers and hard drives storing information or hosting blogs that anyone can access, and they’re not
internet service providers reflexively transmitting data from point
A to point B. Rather, when a user visits Facebook or Twitter, for
instance, she sees a curated and edited compilation of content from
the people and organizations that she follows. If she follows 1,000
people and 100 organizations on a particular platform, for instance,
her “feed”—for better or worse—won’t just consist of every single
post created by every single one of those people and organizations
arranged in reverse-chronological order. Rather, the platform will
have exercised editorial judgment in two key ways: First, the platform will have removed posts that violate its terms of service or
community standards—for instance, those containing hate speech,
pornography, or violent content. See, e.g., Doc. 26-1 at 3–6; Facebook Community Standards, Meta, https://transparency.fb.com/policies/community-standards (last accessed May 15,
2022). Second, it will have arranged available content by choosing
how to prioritize and display posts—effectively selecting which users’ speech the viewer will see, and in what order, during any given
visit to the site. See Doc. 26-1 at 3.
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