The U.S. Supreme Court is showing skepticism towards state regulations on social media, according to the New York State Bar Association. The scrutiny centers around potential First Amendment challenges to these laws.

“There are two ways to challenge a law under the First Amendment,” write Megan Iorio, Schuyler Standley, and Tom McBrien of the Electronic Privacy Information Center, a think tank in Washington D.C. “A facial challenge is aimed at striking down a law in its entirety. An as-applied challenge seeks to block enforcement of a law — or parts of a law — against specific persons in specific circumstances. First Amendment challenges can be brought before or after the law has been enforced.”