Moodyv.Netchoice, Llc
Florida and Texas enacted laws restricting how large internet platforms moderate, organize, and explain decisions about user content. Trade associations representing the platforms brought facial First Amendment challenges, and the lower courts entered preliminary injunctions. The Supreme Court of the United States held that the lower courts had not properly analyzed whether the laws regulated protected editorial activity across the full range of applications before them. The Court vacated the judgments and remanded for a more complete assessment of the platforms’ facial claims, the statutes’ applications, and the appropriate preliminary-injunction standards. The decision did not finally determine whether either state law violates the First Amendment.
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