The Latest Breaking News from NetChoice

I think it is clear that Justice Alito lost the majority, but the resulting schizophrenic opinions still do not cohere.

And the Supreme Court agrees to weigh in.

It was not the Fifth Circuit.

Alito had only four majority opinions this term, while Roberts, Thomas, Sotomayor, and Kagan all had seven.

As the Moody v. NetChoice majority noted, the parties focused on Facebook's and YouTube's main feeds. The majority similarly focused on those main feeds in its extensive discussion of First Amendment principles, and, as co-blogger Ilya notes, it left little doubt about the unconstitutionality of the Texas and Florida statutes…

A federal judge has blocked a Mississippi law that would require users of websites and other digital services to verify their age

The U.S. Supreme Court has sent back to lower courts the decision about whether states can block social media companies such as Facebook and X, formerly Twitter, from regulating and controlling what users can post on their platforms.

From the majority in Moody v. Netchoice, LLC: The laws, from Florida and Texas, restrict the ability of social-media platforms to control whether and how third-party posts are presented to other users … [including by] requir[ing] a platform to provide an individualized explanation to a user if it removes or…

The majority opinion makes clear that social media content moderation is an activity protected by the First Amendment. That likely dooms large parts of the state laws restricting content moderation.

In today's Moody v. Netchoice, LLC, the Supreme Court sent back to lower courts the cases considering whether (and when) the Florida and Texas limits on social media content moderation are constitutional. The decision was complicated and limited, so here's a general summary. [1.] Remember that the lawyer's true superpower…

The Court is remanding these two cases for more analysis—but it made its views on some key issues clear.