Amicus Brief in NetChoice v. Florida Attorney General

Abstract

This is Prof. Eric Goldman's amicus brief supporting NetChoice's request for certiorari in NetChoice v. Florida Attorney General, a constitutional challenge to Florida's social media censorship law. Florida's law requires social media services to disclose details about their editorial operations and decisions. The 11th Circuit upheld the constitutionality of those provisions based on the Zauderer Supreme Court precedent, which provides deferential constitutional scrutiny for some types of compelled commercial disclosures. The amicus brief explains censorial implications of laws requiring "editorial transparency" and how the 11th Circuit misapplied Zauderer.

Keywords: censorship, zauderer, editorial transparency, social media, first amendment, commercial speech, advertising, consumer protection

JEL Classification: K2, K42, D18, K86