“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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Amanda Shafer Berman to Speak on Energy and Administrative Law at WEN-DC Webinar

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Partner Amanda Shafer Berman Quoted in Bloomberg Law on Senate Permitting Overhaul Bill

Partner Amanda Shafer Berman was quoted in an October 5 Bloomberg Law article, "Permitting Deal Gives Projects Defense Against Litigation Delays," on the Senate's new permitting overhaul package and its expected impact on litigation over federal permitting reversals.

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Partner John Storino to Speak at Sandpiper Partners' “AI and Outside Counsel Guidelines Roundtable”

On October 8, Partner John Storino will serve as a panelist at the “AI and Outside Counsel Guidelines Roundtable,” hosted by Sandpiper Partners in Chicago.

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Partner Meghan Greenfield to Speak on Supreme Court Climate Case at Edison Electric Institute's Fall Legal Conference

On Wednesday, October 7, Partner Meghan Greenfield will speak on a panel titled "Boulder County v. Suncor Energy: What the Supreme Court's Climate Case Means for the Energy Industry" at the Edison Electric Institute's Fall Legal Conference in Salt Lake City, Utah.

October 7, 2026

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The Form Rules Everything: A Seventh Circuit Ruling on ERISA's Substantial Compliance Doctrine

Partner Joseph Torres and Special Counsel Jennifer Beach authored an article for Employee Relations Law Journal examining the Seventh Circuit's decision in Packaging Corp. of America Thrift Plan for Hourly Employees v. Langdon, a ruling that addresses both the standard of review in ERISA interpleader actions and the continued viability of the substantial compliance doctrine for changing plan beneficiaries.

October 5, 2026