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Moody v. NetChoice, LLC

Decided22-555October Term 20239-0

Lower Court: Fifth Circuit / Eleventh Circuit • Last updated: July 1, 2024

Plain-Language Summary

The Court sent back two major cases about whether states can force social media platforms to carry content they want to remove. Texas and Florida had passed laws restricting how platforms like Facebook and YouTube moderate posts. The tech industry argued these laws violate the First Amendment.

All nine justices agreed the lower courts did not properly analyze whether these laws are constitutional. The majority said social media platforms likely do have First Amendment rights to decide what content to carry, but the lower courts need to do a more thorough analysis of each specific provision of the laws.

Vote Breakdown

Majority
9-0
Majority (9)

Kagan(author)

Barrett (concurrence)

Thomas (concurrence)

Alito (concurrence)

Jackson (concurrence)

Why This Matters

While the Court did not definitively rule on whether states can regulate social media content moderation, it strongly signaled that platforms have free speech protections. This case will shape the future of internet regulation and the government's ability to control how social media operates.

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Key Facts

StatusDecided
Vote9-0
OutcomeVacated and Remanded
AuthorKagan
ArguedFebruary 26, 2024
DecidedJuly 1, 2024
CategoryFirst Amendment
Lower CourtFifth Circuit / Eleventh Circuit
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