The court’s ruling in these merged cases, however, was the major development.
In Moody v. NetChoice (decided along with NetChoice v. Paxton), Justice Elena Kagan’s majority opinion made it abundantly evident that the First Amendment “does not go on leave when social media are involved.”
And what does that mean? Not even the Fifth Circuit will be able to misinterpret the fundamental First Amendment concepts that Kagan and a strong majority established and will use to guide future decisions.
In response, the legislatures of Texas and Florida passed legislation in 2021.
speechesWhile Texas forbade “viewpoint-based” moderation techniques, the Florida law targeted the so-called “deplatforming” of political candidates, speech about candidates, or news organizations.
After being challenged by the trade body for the industry, NetChoice, both pieces of legislation were swiftly injuncted before they could take effect. Then, though, things started to become interesting.
