Amicus Brief in Moody v. NetChoice and NetChoice v. Paxton
22 Pages Posted: 20 Dec 2023
Date Written: December 5, 2023
Abstract
This amicus brief supports NetChoice and CCIA in the Supreme Court appeals of Moody v. NetChoice and NetChoice v. Paxton. The brief focuses on the provisions in the Florida and Texas social media censorship laws that require social media platforms to provide "explanations" of their content moderation decisions to their users. The brief explains how these explanations obligations effectuate censorship. The brief also explains why laws compelling publishers to explain their editorial decisions do not qualify for the relaxed Constitutional scrutiny test that the Supreme Court articulated in Zauderer v. Office of Disciplinary Counsel.
Keywords: censorship, first amendment, amicus brief, zauderer, compelled commercial speech, social media platforms, publishers, explanations, free speech, free press, content moderation
JEL Classification: k2, k4, l82, l86, m38,
Suggested Citation: Suggested Citation