NetChoice filed an amicus brief to the U.S. Court of Appeals for the Ninth Circuit with the Computer & Communications Industry Association, arguing that the lower court’s injunction against Apple violates the First Amendment by compelling Apple to disseminate third-party speech on its services, including potentially misleading or disparaging messages. The injunction must meet strict scrutiny when courts compel private speech, especially when that speech occurs in a company’s proprietary interface like Apple’s App Store.
We urge the Ninth Circuit to vacate the injunction in Epic Games v. Apple to the extent it unconstitutionally forces Apple to carry speech it would otherwise exclude.