Tag:constitutionality
Curbing Censorship: The Constitutional Challenges of Addressing Social Media Moderation
At a time when so many people rely on online spaces for news, connection, and the exchange of ideas, the balance between free speech and content moderation is more important than ever. In recent months, there have been rising concerns over potential government censorship and the proliferation of misinformation, especially on social media. The lack of transparency in the tech industry makes this issue uniquely tricky, as each platform’s distinct algorithms are largely proprietary. However, many users feel that their voices are being silenced based on the nature of the content they are releasing. The possibilities for remedying these concerns are limited, as the First Amendment expressly protects private companies from government censorship (including the requirement that they host specific content), but there are several potential paths forward that could have far-reaching implications for the future of social media content moderation.
Employees Continue to Fight Compliance with Vaccine Mandates
An earlier blog post explored the challenges of employees returning to work, including questions about the legality of COVID-19 vaccine mandates. In response to the uptick in cases towards the end of the summer and into the fall, many large employers implemented vaccine mandates. As vaccine mandates have increased, so have the lawsuits contesting them. As of October 14, 2021, there have been at least thirty-nine federal cases contesting vaccine requirements imposed by either employers or governments and approximately fifty-seven total decisions, including federal and state cases. In most cases, courts are denying requests for temporary injunctions against the mandates or dismissing the cases.
The Constitutionality of the ACA: California v. Texas
Signed by President Obama on March 23, 2010, The Affordable Care Act (“ACA”) provided a monumental change to healthcare. The ACA created access, added provisions to improve quality, and created cost containment measures. However, the ACA created a quintessential question of Federalism. As it exists today, the Supreme Court will listen to oral arguments in November on the constitutionality of the ACA, in California v. Texas. If the Court decides that the ACA is unconstitutional, millions of Americans who are insured under the Act will lose coverage. Additionally, aside from access, the ACA includes regulatory laws such as Section 1557’s nondiscriminatory provisions, and amendments to the False Claims Act & HIPAA.
The Future of Roe v. Wade
Roe v. Wade has been a controversial Supreme Court decision ever since it was decided in 1973. Critics have tried to overturn it multiple times over the years. Some states have attempted to circumvent the ruling and implement their own abortion laws, while other states have implemented laws to solidify it in the event the decision is overturned. On the 46th anniversary of the opinion, New York passed a new abortion law called the Reproductive Health Act, which has caused an uproar across the country. In addition, this month the Supreme Court ruled to stay on a Louisiana Targeted Regulation of Abortion Providers (“TRAP”) law. The question becomes how will states comply with the ruling of Roe v. Wade when its future seems unknown.