The Lacuna Project

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Exhibit 1124

Moody v. NetChoice, LLC, 603 U.S. 707 (2024) (Nos. 22-277 and 22-555)

Exhibit 1124 ยท Court opinion

Moody v. NetChoice, LLC, 603 U.S. 707 (2024) (Nos. 22-277 and 22-555)

But a State may not interfere with private actors' speech to advance its own vision of ideological balance.

Vacates and remands the Eleventh Circuit and Fifth Circuit judgments on Florida SB 7072 and Texas HB 20 because neither court did the required facial analysis. The majority also states how the First Amendment applies to platforms' content moderation and says the Fifth Circuit's decision rested on 'a serious misunderstanding of First Amendment precedent and principle' (Syllabus p. 3). It quotes Texas's main sponsor ('West Coast oligarchs' who were 'silenc[ing] conservative viewpoints and ideas') and the Governor's signing remark about 'silenc[ing]' conservatives as the stated purpose of HB 20, and states the principle in the quotation below.

Source
Supreme Court of the United States (Justice Kagan for the Court)
Date
1 July 2024
Quoted from
Opinion of the Court, slip op. p. 27 (also Syllabus p. 5)
Grade
Primary record
Document
https://www.supremecourt.gov/opinions/23pdf/22-277_d18f.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.