USCA11 Case: 21-12355
21-12355
Date Filed: 05/23/2022
Opinion of the Court
Page: 19 of 67
19
the provisions of the Act that are substantially likely to be unconstitutional.
II
A
Social-media platforms like Facebook, Twitter, YouTube,
and TikTok are private companies with First Amendment rights,
see First Nat’l Bank of Bos. v. Bellotti, 435 U.S. 765, 781–84 (1978),
and when they (like other entities) “disclos[e],” “publish[],” or “disseminat[e]” information, they engage in “speech within the meaning of the First Amendment.” Sorrell v. IMS Health Inc., 564 U.S.
552, 570 (2011) (quotation marks omitted). More particularly,
when a platform removes or deprioritizes a user or post, it makes
a judgment about whether and to what extent it will publish information to its users—a judgment rooted in the platform’s own
views about the sorts of content and viewpoints that are valuable
and appropriate for dissemination on its site. As the officials who
sponsored and signed S.B. 7072 recognized when alleging that “Big
Tech” companies harbor a “leftist” bias against “conservative” perspectives, the companies that operate social-media platforms express themselves (for better or worse) through their content-moderation decisions. When a platform selectively removes what it
perceives to be incendiary political rhetoric, pornographic content,
or public-health misinformation, it conveys a message and thereby
engages in “speech” within the meaning of the First Amendment.
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