Exhibit 1123

NetChoice, L.L.C. v. Paxton, No. 21-51178 (5th Cir.), order on remand from the Supreme Court

Exhibit 1123 · Court opinion

NetChoice, L.L.C. v. Paxton, No. 21-51178 (5th Cir.), order on remand from the Supreme Court

Because these are fact-intensive questions that must be answered by the district court in the first instance after thorough discovery, we remand.

After Moody v. NetChoice, remands the challenge to Texas House Bill 20 to the district court because the facial-challenge record is underdeveloped: who the law covers, which activities, how covered actors moderate, and how the explanation requirement burdens them.

Source: U.S. Court of Appeals for the Fifth Circuit (Judge Oldham)
Date: 7 November 2024
Quoted from: Opinion at 2
Grade: Primary record
Document: https://www.ca5.uscourts.gov/opinions/pub/21/21-51178-CV1.pdf
Accessed: 2026-11-10
Cited by: Findings citing this exhibit

Cited by

Finding INF-4.8: Primary record Texas and Florida enacted laws in 2021 limiting platforms' removal decisions. In Moody v. NetChoice (1 July 2024) the Supreme Court vacated both judgments on facial-challenge grounds and wrote that a state may not interfere with private actors' speech to advance its own vision of ideological balance.