Today, the U.S. Supreme Court will hear oral arguments in a pair of cases that could fundamentally change how social media platforms moderate content online. The justices will consider the constitutionality of laws introduced by Texas and Florida targeting what they see as the censorship of conservative viewpoints on social media platforms.

The central issue is whether platforms like Facebook and X should have sole discretion over what content is permitted on their platforms. A decision is expected by June. USC experts are available to discuss.

Contact: Nina Raffio, raffio@usc.edu or (213) 442-8464; USC Media Relations, uscnews@usc.edu or (213) 740-2215

Regardless of the verdict, Big Tech will need to adapt

“Depending on the ruling, companies may face stricter regulations or be allowed more autonomy in controlling their online presence. Tighter restrictions would require marketers to exercise greater caution in content creation and distribution, prioritizing transparency, and adherence to guidelines to avoid legal repercussions. Alternatively, a ruling in favor of greater moderation powers could potentially raise consumer concerns about censorship and brand authenticity,” said Kristen Schiele, an associate professor of clinical marketing at the USC Marshall School of Business.

“Regardless of the verdict, companies will need to adapt their strategies to align with advancing legal standards and consumer expectations in the digital landscape. Stricter regulations will require a more thorough screening of content to ensure compliance. Marketers may need to invest more resources to understand and adhere to the evolving legislations, which would lead to shifts in budget allocation and strategy development. In response, the industry will most likely see new content moderation technologies and platforms emerge to help companies navigate legal challenges and still create effective marketing campaigns,” she said.

Contact: kschiele@marshall.usc.edu

Additional experts