The U.S. Supreme Court has issued a decision confirming that the First Amendment protects companies’ rights to moderate content on their online platforms. In NetChoice, LLC v. Paxton and Moody v. NetChoice, LLC, the Court held that two states’ attempts to restrict social media platforms’ efforts to moderate content posted on their websites must be reassessed by the lower courts. But before sending the cases back down, the Court explained that content moderation, even when conducted by algorithm, is expressive activity protected by the First Amendment, and a state’s interest in promoting ideological balance online does not justify restricting that expression.

Less than three weeks after the European Union’s (EU) Digital Markets Act (DMA) took effect on March 7, 2024, the European Commission announced on March 25, 2024 that it is opening investigations into Apple, Google, and Meta for suspected noncompliance with its new directives.