Consolidated with Moody v. NetChoice, LLC

In this case, the Supreme Court considered whether to affirm a Texas law that prevents social media companies from engaging in certain types of political and disinformation content moderation (considered alongside a similar Florida law in Moody v. NetChoice, LLC). According to Vox’s Ian Millhiser, a ruling affirming the Texas and Florida laws “would [have given] Republican policymakers sweeping and unprecedented ability to control what many American voters read about our elections and political debates,” while other experts like Robert Reich warn that siding with NetChoice’s argument “would be granting constitutional protection to nearly anything Giant Tech does — putting these huge platforms beyond the reach of lawmakers and jeopardizing the ability of Americans to control Giant Tech at all.”

On July 1, 2024, the Supreme Court unanimously ruled that neither the Fifth Circuit nor the Eleventh Circuit had conducted a proper analysis and sent the cases back to the lower courts.

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