The Supreme Court’s NetChoice Cases

On February 26, 2024, the Supreme Court heard oral arguments in the lawsuits brought by the trade association NetChoice against laws restricting content moderation in Florida and Texas.

  “Today’s NetChoice argument was like the Ring Cycle for tech policy aficionados, combining First Amendment, telecom/net neutrality policy, Section 230 and even some discussion of big tech market power into FOUR glorious hours” – Tim Wu.

See also Tim Wu’s New York Times Op-Ed: “Texas is Right – The Tech Giants Need to be Regulated” (February 26, 2024).

The Supreme Court oral arguments:

• Moody v. NetChoice, LLC (docket no.: 22-277) argued on February 26, 2024 (audio available here; docket here); and

• NetChoice, LLC v. Paxton (docket no.: 22-555) also argued on February 26, 2024 (audio available here; docket here).

Text of the Challenged Bills: Florida and Texas

Related commentary:

Daphne Keller (Stanford’s Center for Internet and Society): FAQs About the NetChoice Cases at the Supreme Court – Part I and Part II (January 28 and February 1, 2024)

Law Professor Kate Klonick: “The Four Internet Analogies of the Apocalypse” (February 27, 2024)

Law Professor Zephyr Teachout: “Texas’s Social-Media Law Is Dangerous; Striking It Down Could Be Worse – Beware Giving Big Tech a Constitutional Right to Avoid Regulation” (February 20, 2024)

Law Professor Ilya Somin at the Volokh Conspiracy: “Supreme Court Seems Likely to Strike Down Florida and Texas Social Media Laws” (February 27, 2024)

Law Professors Kyle Langvardt & Alan Z. Rozenshtein in the Yale Journal on Regulation Blog: “The Platforms Should Win the NetChoice Content Moderation Cases—But Narrowly (February 11, 2024)

LawFare Podcast: “The Justices Figure Out that Internet Law is Hard” (February 27, 2024)

A series of Volokh Conspiracy posts at the Reason website relating to social media and common carrier status, the Texas and Florida social media laws, and the NetChoice lawsuits.


Developments in Content Moderation

Facebook Oversight Board’s Decision Regarding the Banning of Donald Trump (Case decision 2021-001-FB-FBR) – (pdf: 38 pages; May 5, 2021).

Facebook’s Oversight Board Has Upheld Trump’s Ban – What’s Next: Facebook Moderation Expert Kate Klonick Weighs In (May 11, 2021 – The Verge) – Law Professor Kate Klonick on the potential impact of the Facebook Oversight Board’s Decision.

Content Moderation Remedies (pdf; 76 pages: March 2021) – As internet services begin to consider moving past the binary “remove or not” remedy for content that violates their rules, Santa Clara University law professor Eric Goldman surveys the various remedies that online internet services have applied to content and accounts, and then he provides “a normative framework to help internet services and regulators navigate these remedial options to address the many difficult tradeoffs involved in content moderation.”

Facebook Will Now Ban Criticism of “Concepts, Institutions, Ideas, Practices, or Beliefs” When They Risk “Harm, Intimidation, or Discrimination” Against Religious, National, or Other Groups (July 6, 2021) – Law Professor Eugene Volokh at the Volokh Conspiracy.