Dormant Commerce Clause Constraints on Social Media Regulation

By Ayesha Rasheed

State social media laws such as the recently passed content moderation bans in Texas and Florida are unconstitutional because they violate the Dormant Commerce Clause. The Clause requires that no state or local law places an undue burden on interstate commerce. However, jurisprudence has not yet reckoned with how online activities should be handled, particularly when those commercial activities also have significant implications for First Amendment and privacy rights.

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