Courthouse Steps Decision: NetChoice Cases

Two cases involving NetChoice, a company that represents social media giants like Facebook, Twitter, Google, and TikTok, were heard and decided by the Supreme Court this term. Both cases concern issues of free speech and social media platforms.

In Moody v. NetChoice, LLC, NetChoice challenged Florida law S.B. 7072, arguing it violates the social media companies’ right to free speech and that the law was preempted by federal law. In NetChoice, LLC v. Paxton, NetChoice challenged the constitutionality of two sections of Texas law HB 20 (sections 7 and 2) that aims to regulate the content restrictions of large social media platforms. While the U.S. Court of Appeals for the Eleventh Circuit ruled against Florida, the Fifth Circuit ruled in favor of Texas, creating a Circuit split. In light of that split the Supreme Court granted cert and heard oral argument in both cases on February 26, 2024. On July 1, 2024, a 9-0 court released its decision vacating both judgments based on a lack of "proper analysis of the facial First Amendment challenges" and remanding them for reconsideration.

Join us for a Courthouse Steps Decision program, where we will analyze this decision and its possible ramifications.

Featuring:

• Allison R. Hayward, Independent Analyst

*******

As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.