What's the worst-case scenario for us to be concerned about, if these are upheld?

On Mon, Feb 26, 2024 at 1:12 PM Franziska Putz <fputz@wikimedia.org> wrote:

Dear all,


I’m Ziski from the Global Advocacy team.  I’d like to draw your attention to important hearings happening this week at the United States Supreme Court. 


The hearings on two cases that will be crucial for Wikimedia have just started: NetChoice, LLC v. Paxton and Moody v. NetChoice, LLC. Both cases are challenges to state laws in Texas and Florida, which impact content moderation on social media websites. You may recall that back in December, the Foundation issued a "friend of the court" brief urging the Justices to strike down these laws, explaining that they pose a serious threat to projects like Wikipedia. You can read about our position on Diff, in our press release, and in the brief itself. 


The US Supreme Court is  hearing the cases now, and we are there in person talking to stakeholders and observing the proceedings. We expect the Court to rule this year and will be providing updates as we know more.


The problem: As they are written, these laws prohibit website operators from banning users or removing speech and would generally risk Wikipedia’s volunteer-led systems of content moderation. That’s because these laws were designed to prevent social media platforms from engaging in politically motivated content moderation, but were drafted so broadly that they would also impact Wikipedia. The case is also important beyond the impact it might have on our projects. It represents a scenario that is part of a trend globally, where governments introduce legislation to address harms from big tech actors, yet Wikimedia ends up as the dolphin inadvertently caught in the net. This is one reason that WMF is working alongside affiliates to raise awareness about how Wikimedia’s model of community-led content governance works and why it is important to protect.


What to watch for:  We will be monitoring these developments closely in the United States, with an eye to possible ripple effects in other countries. 


We will provide updates on how the Court rules later this year. In the meantime, please reach out with any questions or comments and look at the resources we’re compiling on how to explain the Wikimedia model to policymakers. 


All the best,

Ziski


Franziska Putz (she/her)

Senior Movement Advocacy Manager

Global Advocacy, Wikimedia Foundation

Fputz@wikimedia.org

UTC Timezone

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