Solicitor General Elizabeth Prelogar wrote a brief Monday saying conflicting decisions from circuit courts over similar laws in Texas and Florida warrant a Supreme Court review.
The two laws passed by the GOP-led states aim to prohibit social media companies from banning users based on political views.
Those laws would limit companies from being able to moderate content and users, even if they violate the website’s terms and conditions.
Prelogar said the court should reverse the 5th Circuit court’s decision to uphold the Texas law, arguing that the companies have First Amendment protections to carry out content moderation.
“The platforms’ content-moderation activities are protected by the First Amendment, and the content-moderation and individualized-explanation requirements impermissibly burden those protected activities,” she wrote.
Unlike the 5th Circuit, the 11th Circuit ruled to block Florida’s similar law from taking effect.
The conflicting opinions set the cases up to be heard by the Supreme Court.
Two tech industry groups, the Computer and Communications Industry Association (CCIA) and NetChoice, are leading cases against the laws and have asked the Supreme Court to hear them.
Read more in a full report at TheHill.com.