Amicus Brief in NetChoice v. Florida Attorney General

22 Pages Posted: 15 Dec 2022

See all articles by Eric Goldman

Eric Goldman

Santa Clara University - School of Law

Date Written: November 23, 2022


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

Suggested Citation

Goldman, Eric, Amicus Brief in NetChoice v. Florida Attorney General (November 23, 2022). Santa Clara Univ. Legal Studies Research Paper No. 4289070, Available at SSRN: or

Eric Goldman (Contact Author)

Santa Clara University - School of Law ( email )

500 El Camino Real
Santa Clara, CA 95053
United States
408-554-4369 (Phone)


Do you have negative results from your research you’d like to share?

Paper statistics

Abstract Views
PlumX Metrics