Other cases on the Court’s business docket likewise may test the majority’s willingness to effect change. In Moody v. NetChoice and NetChoice v. Paxton, the Justices will consider First Amendment challenges to Florida and Texas laws that restrict the ability of major social media companies to moderate speech on their platforms.
NetChoice sought to block both laws in federal court, with conflicting results. The 11th U.S. Circuit Court of Appeals struck down Florida’s content-moderating restrictions and individualized-explanation requirement, while the 5th Circuit upheld corresponding provisions of Texas’ law. Following the United States’ recommendation that the Justices intervene, the Court granted cert on Sept. 29 and will hear oral argument later this Term.