TPA Applauds the Defense of Free Speech and Property Rights in the Supreme Court’s Decision on NetChoice Cases

For Immediate Release

Contact: Kara Zupkus (224)-456-0257

WASHINGTON, D.C. – Today, the Supreme Court of the United States vacated the judgments by the Fifth and Eleventh Circuits on the NetChoice v. Paxton and Moody v. NetChoice (NetChoice) cases. These were cases that focused on Texas and Florida’s social media regulation laws, respectively. In its majority opinion, the Supreme Court recognized that content moderation practices are indeed expressive behavior entitled to First Amendment protections, in what is a win for free speech and property rights.

Taxpayers Protection Alliance (TPA) Executive Director Patrick Hedger offered the following statement:

“While the Justices refrained from a definitive ruling on the merits of these laws, the majority’s opinion is an unambiguous win for online expression and property rights, as the Court made clear internet platforms are entitled to First Amendment protections when engaging in content moderation and curation efforts.

“The decision by an internet platform to either share or restrict third-party content is a clear exercise of editorial functions, which undoubtedly warrants protection under the First Amendment. Today’s ruling makes clear Texas and Florida’s laws to force social media to host content, as well as laws in New York and California to force companies to censor certain content, are on life support without chance of recovery.

“The majority’s opinion is not only a win for free speech, but also property rights. Platforms have a right to set the terms and conditions in which their services or forums are to be used, in what is a legitimate exercise of their property rights. The Court’s recognition of platforms’ right to remove content as they see fit or set terms on how users can use their services reaffirms the rights that platforms over their properties.

“With the majority’s strong defense of basic First Amendment principles laid out in unequivocal terms in NetChoice, states beyond Texas, Florida, California, and New York should abandon any pending similar laws and shield taxpayers from millions of dollars in legal expenses defending the patently unconstitutional.”

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Taxpayers Protection Alliance (TPA) is a rapid response non-profit, non-partisan organization dedicated to educating the public through the research, analysis, and dissemination of information on the government’s effects on the economy.