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July 2024

NetChoice v. Moody: A Strong Statement of First Amendment Rights, But the Devil is in the Details

By Jeff Hermes
On the surface, this ruling appears to ensure that the First Amendment protects the editorial discretion of platforms just as it has protected the editorial discretion of newspapers. But with a caveat in a concurrence from Justice Barrett and comments from the other four justices challenging the Court’s decision to apply the law based on an incomplete record, the lower courts have been provided with ample maneuvering room when they reconsider these cases.