An unusual split on the Supreme Court last week put at least a temporary halt to enforcement of a conservative-backed state law prohibiting Big Tech from removing posts based on their views.
A court that most often splits on predictable lines split this time on unpredictable ones: Justices Brett Kavanaugh, Amy Coney Barrett and John Roberts joined Justices Stephen Breyer and Sonia Sotomayor in putting a halt to the law, while Justice Elena Kagan voted with Justices Samuel Alito, Clarence Thomas and Neil Gorsuch, although she did not join their dissent.
The split, if nothing else, suggests how difficult the underlying issues may prove to be.
H.B. 20, the Texas law was passed by conservatives in response to Twitter’s banning of Donald Trump. While some have complained that the social media platforms have done too much content regulation, others — pointing to the deluge of hate, violence and disinformation online — complain that they have not done enough.