Show Notes - Netchoice Cases: Everything You Need To Know

Description

Episode #73

Earlier this week, the Supreme Court heard oral arguments in NetChoice v. Paxton and Moody v. NetChoice, cases challenging Florida and Texas state laws barring major social media firms from using most types of content moderation, thereby requiring them to host content they disapprove of. The oral arguments suggest a clear majority of the justices believe these laws violate the First Amendment rights of social media providers. They seemed especially skeptical of the government’s desire to force traditional social media sites like Facebook and Twitter to change their moderation practices and disseminate speech they want to exclude.

Today we will be taking a deep dive into the oral arguments that the court heard earlier this week. I’ve pulled together a comprehensive picture of the four hours of oral arguments. As always, I present the most important information and the key moments during the trial that you need to understand this case— and it is presented in a way that is equally useful for lawyers and non-lawyers alike.

I conclude with a summary of the possible outcomes as well as my professional opinion of the most likely outcome in a case that, regardless how it’s decided, will be a landmark in first amendment jurisprudence.

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Links

Moody v Netchoice

• Moody v Netchoice on Oyez

• Moody v. NetChoice, LLC on Wikipedia

• Moody v Netchoice at Ballotpedia

• Moody v Netchoice Supreme Court Docket Page

• Moody v Netchoice at Global Freedom Of Expression Center

Netchoice v Paxton

• Netchoice v Paxton at AEI (Summary of select amicus briefs)

• NetChoice, LLC v. Attorney Gen., 34 F.4th 1196 (11th Cir. 2022) Opinion of the Court at casetext.com

• Netchoice v Paxton at Global Freedom Of Expression Center

• Netchoice v Paxton: Supreme Court docket page

• Netchoice v Paxton at Oyez

• NetChoice v. Paxton, No. 21-51178 (5th Cir. 2022)

• Paxton cases: Application to vacate stay (filed May 31, 2022)

• Netchoice v Paxton Supreme Justia docket page

• Netchoice v Paxton cert petition

• Netchoice v Paxton at Balletopedia

Other Links

• Texas Bill HB20

• Invitation Brief by Solicitor General Elizabeth Prelogar

• Free Speech, Social Media Firms, and the Fifth Circuit

• Supreme Court Will Consider Cases Challenging Florida and Texas Social Media Laws

• Why the Texas Social Media Law is a Menace to Freedom of Speech

• The Case Against Imposing Common Carrier Restrictions on Social Media Sites

• Texas and Florida Say the First Amendment Must Be Sacrificed to Save It

• Defenders of the Florida and Texas Social Media Laws Contradict Themselves

• Governor Ron DeSantis Signs Bill to Stop the Censorship of Floridians by Big Tech

• New York Times - Takeaways From the Supreme Court Arguments on Social Media Laws

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  Past Episodes

  The First Amendment Goes On Trial

  First Amendment Fundamentals

  Ultimate Constitutional Law Guide To Unprotected Speech

  My Supreme Court Roundup

  Supreme Court Protects Big Tech and Big Terror

I've Got 99 Problems, But § 230 Ain't One

Texas v Pennsylvania

Lochner v New York (1905)

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