Two cases involving NetChoice, a company that represents social media giants like Facebook, Twitter, Google, and TikTok will be heard at the Supreme Court this term. Both cases concern issues of free speech and social media platforms.

In Moody v. NetChoice, LLC, NetChoice challenges Florida law S.B. 7072, arguing it violates the social media companies’ right to free speech and that the law was preempted by federal law. The lower district court found that the law did not stand up to strict scrutiny. Additionally, the court found that this law didn’t serve a legitimate state interest. The U.S. Court of Appeals for the Eleventh Circuit affirmed this ruling.

In NetChoice, LLC v. Paxton, NetChoice challenges the constitutionality of two sections of Texas law HB 20 (sections 7 and 2) that aims to regulate the content restrictions of large social media platforms. The lower district court found the sections unconstitutional and placed an injunction on the two sections. The Fifth Circuit reversed this decision, ruling that HB 20 doesn’t regulate the speech of the platforms, but instead protects the speech of users and regulates the platform’s conduct.

Both cases are set to be heard at the Supreme Court on February 26, 2024. Join us as we break down and analyze how Oral argument went the same day.


Allison R. Hayward, Independent Analyst

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