RECENT RULINGS

by the United States Supreme Court


MOODY V. NETCHOICE

July 1, 2024:

In this case challenging the Constitutionality of state statutes attempting to regulate the decisions of social media companies to either post or to not post submissions for publication by their customers, the Court held that the plaintiffs’ labeling of the statutes as “facially” unconstitutional under the First Amendment was fatal to their lawsuit. In a “facial” challenge to a statute under the First Amendment, the Court said the plaintiff must show that a “substantial” number of the possible applications of the statute will violate the First Amendment when “judged in relation to the statute’s plainly legitimate sweep.” The Court held that the plaintiffs would be unable to do that in this case under its current status. The vote on the Court was unanimous.