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The question of so-called “censorship” in both the Florida and Texas laws has come down to interpreting the 1985 case Zauderer v. Office of Disciplinary Counsel, which required companies to disclose information about their services. In a phone interview, Barthold told Gizmodo that up until now, every time SCOTUS has referenced Zauderer, justices have limited the scope of the ruling to speech in advertising, but without firm precedent lower courts have used the case for other forms of speech.

And because the 5th and 11th circuit courts have disagreed so heavily, Barthold said the Supreme Court will likely need to bring up this case as well. Whatever the court decides next on Section 230 will likely have a vast impact on any future decision regarding social media companies’ liability for the posts that appear on their webpages and whether deleting any of those posts would be considered censorship.

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If a company like Twitter suddenly finds that it is held liable for each post on its site, the company says that its options would become limited to either folding entirely or conducting extreme amounts vetting and content moderation, much more than already goes on. This, of course, isn’t exactly what conservatives want. Many, like Colorado Rep. Laura Boebert—who has been previously banned from Twitter for posting disinformation—much prefer it if social media companies were completely restricted from holding on to the ban hammer.