Landmark Supreme Court Cases: FBI's 'No Fly List,' Social Media Censorship, And Beyond

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The Supreme Court has released a list of cases it will be addressing in the upcoming term, which begins on October 2.

These cases cover a range of topics, including the FBI's "No Fly List," property rights, and social media regulation laws.

One of the cases, Moody v NetChoice, LLC and NetChoice, LLC v Paxton, focuses on laws passed in Texas and Florida in 2021. The Texas law, HB 20, prohibits social media platforms with over 50 million active users from demonetizing, blocking, or removing content based on users' views.

Similarly, SB 7072 in Florida, known as the Stop Social Media Censorship Act, prevents social media platforms from banning political candidates and "journalistic enterprises."

Tech companies have argued in lower federal courts that these laws violate their First Amendment rights to control the speech presented on their platforms. The laws were enacted in response to concerns about political censorship on social media platforms.

In Federal Bureau of Investigation v Fikre, the justices will decide whether an Oregon man can proceed with his lawsuit alleging that he was wrongly placed on the "No Fly List" by the government. Yonas Fikre, a U.S. citizen of Eritrean descent, was questioned by the FBI while traveling to Africa in 2010 and was informed that he had been placed on the list.

The FBI told him that he could only return to the United States if he agreed to become an informant. Fikre filed a lawsuit against the FBI while seeking asylum in Sweden. Although the FBI later removed him from the list and requested that the case be dismissed, a lower court ruled that the case was not moot. The FBI has now asked the Supreme Court to review the case.

Another case on the docket is Sheetz v County of El Dorado, California, which involves the $23,420 in traffic mitigation fees that George Sheetz was required to pay when he applied for a permit to build a manufactured home on his land. Sheetz argues that the fees are unconstitutional and not tailored to his specific project.

The court will also hear Office of the United States Trustee v John Q Hammons Fall 2006, LLC, which pertains to fees imposed on bankruptcy filers. In Corner Post v Board of Governors of the Federal System, the justices will determine when the six-year statute of limitations to challenge an action by a federal agency begins. Smith v Arizona addresses whether the Sixth Amendment allows prosecutors to present expert testimony on evidence that was not admitted into evidence itself.

Devellier v Texas examines whether property owners can seek compensation under the Constitution for the "taking" of their property by the state if the state has not explicitly granted them the right to sue. Warner Chappell Music v Neal questions whether copyright plaintiffs can recover damages for events that occurred more than three years before filing their lawsuit.

The court will also consider Macquarie Infrastructure v Moab Partners, McIntosh v United States, and Bissonnette v LePage Bakeries Park Street.

These cases cover a wide range of legal issues and will be argued in January or February of 2024, with rulings expected in the summer.