Oral Argument: Moody v. NetChoice, LLC | Case No. 22-277 | Date Argued: 2/26/24 | Case No. 7/1/24

Oral Argument: Moody v. NetChoice, LLC | Case No. 22-277 | Date Argued: 2/26/24 | Case No. 7/1/24

Link to Docket: Here.

Background:

Florida has enacted a law that attempts to prevent social-media companies from abusing their enormous power to censor speech.

Question Presented:

1. Whether the First Amendment prohibits a State from requiring that social-media companies host third-party communications, and from regulating the time, place, and manner in which they do so.
2. Whether the First Amendment prohibits a State from requiring social-media companies to notify and provide an explanation to their users when they censor the user's speech.

Holding: The judgments are vacated, and the cases are remanded, because neither the U.S. Courts of Appeals for the 11th Circuit nor the 5th Circuit conducted a proper analysis of the facial First Amendment challenges to the Florida and Texas laws regulating large internet platforms.

Result: Vacated and remanded.

Voting Breakdown: 9-0. Justice Kagan delivered the opinion of the Court, in which Chief Justice Roberts and Justices Sotomayor, Kavanaugh, and Barrett joined in full, and in which Justice Jackson joined as to Parts I, II and III-A. Justice Barrett filed a concurring opinion. Justice Jackson filed an opinion concurring in part and concurring in the judgment. Justice Thomas filed an opinion concurring in the judgment. Justice Alito filed an opinion concurring in the judgment, in which Justices Thomas and Gorsuch joined. (Opinion together with No. 22-555).

Link to Opinion: Here.

Oral Advocates:

• For Petitioner: For Petitioners: Henry C. Whitaker, Solicitor General, Tallahassee, Fla.
• For Respondents: Paul D. Clement, Alexandria, Va.; and Elizabeth B. Prelogar, Solicitor General, Department of Justice, Washington, D.C. (for United States, as Amicus Curiae.)