“Reviewing The High Court's Approach To Free Speech Online,” Law360

In an article for Law360, Partner Amy Gallegos and Associate Isabel Farhi analyze the US Supreme Court’s recent rulings concerning the intersection of the First Amendment and online platforms. They discuss the Court’s fact-specific approach in three cases that examine this intersection from different perspectives, evaluating laws regulating online platform content moderation, government communications with platforms about their content moderation, and government officials’ use of social media.

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“The court has thus far eschewed broad proclamations, choosing instead to adopt a nuanced approach that recognizes that private citizens, public employees and online platforms all have First Amendment rights, and that the interplay between these rights is largely fact dependent,” they write.

Looking ahead, the authors write that attention may turn to cases, like Free Speech Coalition Inc. v. Paxton, that focus on whether and how the state can restrict access to potentially harmful content on platforms.

“It will indicate if the court will continue a contextual approach when considering the First Amendment online, or if it will begin to paint with a broader brush,” they write.

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© 2026 Jenner & Block LLP. Attorney Advertising. Jenner & Block LLP is an Illinois Limited Liability Partnership including professional corporations. This publication, presentation, or event is not intended to provide legal advice but to provide information on legal matters and/or firm news of interest to our clients and colleagues. Readers or attendees should seek specific legal advice before taking any action with respect to matters mentioned in this publication or at this event. The attorney responsible for this communication is Brent E. Kidwell, Jenner & Block LLP, 353 N. Clark Street, Chicago, IL 60654-3456. Prior results do not guarantee a similar outcome. Jenner & Block London LLP, an affiliate of Jenner & Block LLP, is a limited liability partnership established under the laws of the State of Delaware, USA and is authorised and regulated by the Solicitors Regulation Authority with SRA number 615729. Information regarding the data we collect and the rights you have over your data can be found in our Privacy Notice. For further inquiries, please contact dataprotection@jenner.com.

“Reviewing The High Court's Approach To Free Speech Online,” Law360

In an article for Law360, Partner Amy Gallegos and Associate Isabel Farhi analyze the US Supreme Court’s recent rulings concerning the intersection of the First Amendment and online platforms. They discuss the Court’s fact-specific approach in three cases that examine this intersection from different perspectives, evaluating laws regulating online platform content moderation, government communications with platforms about their content moderation, and government officials’ use of social media.

Read More

“The court has thus far eschewed broad proclamations, choosing instead to adopt a nuanced approach that recognizes that private citizens, public employees and online platforms all have First Amendment rights, and that the interplay between these rights is largely fact dependent,” they write.

Looking ahead, the authors write that attention may turn to cases, like Free Speech Coalition Inc. v. Paxton, that focus on whether and how the state can restrict access to potentially harmful content on platforms.

“It will indicate if the court will continue a contextual approach when considering the First Amendment online, or if it will begin to paint with a broader brush,” they write.

Related Capabilities

Related Locations

© 2026 Jenner & Block LLP. Attorney Advertising. Jenner & Block LLP is an Illinois Limited Liability Partnership including professional corporations. This publication, presentation, or event is not intended to provide legal advice but to provide information on legal matters and/or firm news of interest to our clients and colleagues. Readers or attendees should seek specific legal advice before taking any action with respect to matters mentioned in this publication or at this event. The attorney responsible for this communication is Brent E. Kidwell, Jenner & Block LLP, 353 N. Clark Street, Chicago, IL 60654-3456. Prior results do not guarantee a similar outcome. Jenner & Block London LLP, an affiliate of Jenner & Block LLP, is a limited liability partnership established under the laws of the State of Delaware, USA and is authorised and regulated by the Solicitors Regulation Authority with SRA number 615729. Information regarding the data we collect and the rights you have over your data can be found in our Privacy Notice. For further inquiries, please contact dataprotection@jenner.com.

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Associate Steven Arango to Speak at the Veterans' Legal Career Fair

On September 18, Associate Steven Arango will speak on a panel at the Veterans' Legal Career Fair (VLCF), the only legal career fair in the United States dedicated to veterans, active-duty service members, and military spouses.

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