Oral Argument: NetChoice, LLC v. Paxton | Case No. 22-555 | Date Argued: 2/26/24 | Date Decided: 7/1/24

Link to Docket: Here.

Background:

Throughout our Nation's history, the First Amendment's freedoms of speech and press have protected private entities' rights to choose whether and how to publish and disseminate speech generated by others. E.g., Manhattan Cmty. Access Corp. v. Halleck, 139 S. Ct. 1921, 1930 (2019); Hurley v. Irish-Am. Gay, Lesbian & Bisexual Grp. of Boston, 515 U.S. 557, 570, 575 (1995); Miami Herald Publ'g Co. v. Tornillo, 418 U.S. 241,258 (1974). Over two decades ago, this Court held there is "no basis for qualifying the level of First Amendment scrutiny that should be applied to" speech disseminated on "the Internet." Reno v. ACLU, 521 U.S. 844, 870 (1997). Today, many Internet websites publish and disseminate curated collections of expression generated by themselves and others. Nevertheless, the State of Texas-much like Florida before it-has enacted a viewpoint-, content-, and speaker-based law (House Bill 20 or "HB20") targeting certain disfavored "social media" websites. HB20 Section 7 prohibits these websites from making editorial choices based on "viewpoint." And HB20 Section 2 imposes on these websites burdensome operational and disclosure requirements, chilling their editorial choices. This Court has already ensured once that Respondent cannot enforce this law against Petitioners' members. NetChoice, LLC v. Paxton, 142 S. Ct. 1715, 1715-16 (2022).

Question Presented: Whether the First Amendment prohibits viewpoint-, content-, or speaker-based laws restricting select websites from engaging in editorial choices about whether, and how, to publish and disseminate speech-or otherwise burdening those editorial choices through onerous operational and disclosure requirements.

Holding: The judgments are vacated, and the cases are remanded, because neither the U.S. Courts of Appeals for the 11th Circuit nor the 5th Circuit conducted a proper analysis of the facial First Amendment challenges to the Florida and Texas laws regulating large internet platforms.

Result: Vacated and remanded.

Voting Breakdown: 9-0. Justice Kagan delivered the opinion of the Court, in which Chief Justice Roberts and Justices Sotomayor, Kavanaugh, and Barrett joined in full, and in which Justice Jackson joined as to Parts I, II and III-A. Justice Barrett filed a concurring opinion. Justice Jackson filed an opinion concurring in part and concurring in the judgment. Justice Thomas filed an opinion concurring in the judgment. Justice Alito filed an opinion concurring in the judgment, in which Justices Thomas and Gorsuch joined. (Opinion together with No. 22-277).

Link to Opinion: Here.

Oral Advocates:

• For Petitioner: Paul D. Clement, Alexandria, Va.; and Elizabeth B. Prelogar, Solicitor General, Department of Justice, Washington, D.C. (for United States, as Amicus Curiae.)
• For Respondent: Aaron L. Nielson, Solicitor General, Austin, Tex.