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NetChoice, LLC v. Paxton
United States Supreme Court
142 S. Ct. 1715 (2022)

Can states force social media platforms to present certain viewpoints? The Supreme Court explored this question in Moody versus Netchoice LLC, also called Netchoice versus Paxton.

Florida and Texas laws limited social media platform's ability to moderate the content of third party posts. If a platform moderated content, it needed to provide an individualized explanation of its reasoning.

Trade associations, which we'll call NetChoice, represented social media platforms, including Facebook and YouTube.

NetChoice filed facial first amendment challenges to both laws, which meant it claimed the laws were unconstitutional as written.

In both lawsuits, the district courts considered the law's application to some popular social media products.

NetChoice argued that the platforms exercised editorial control over the presentation of users' posts to curate the platform's own expressive messages.

For example, if Facebook considered a post hate speech or misinformation, it banned the post from its news feed as part of expressing Facebook's viewpoint.

The laws would force Facebook to show certain content, which NetChoice claimed gave the government unconstitutional control over Facebook's editorial message.

The states argued that the laws furthered their interests in a balanced marketplace of voices by limiting censorship in social media forums.

Both courts found the laws were likely unconstitutional and issued preliminary injunctions preventing their enforcement.

The Eleventh Circuit upheld the Florida injunction.

The Fifth Circuit vacated the Texas injunction, finding that the Texas law didn't restrict speech, and even if it did, the restriction was justified.

The Supreme Court granted cert in both cases.

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