United States of America: Filed Solicitor General's brief in lawsuit challenging Florida and Texas content moderation laws arguing incompatibility with freedom of speech right (NetChoice v Florida/ NetChoice v Texas)

On 14 August 2023, the Department of Justice filed a brief for amicus curiae in a lawsuit challenging Florida and Texas content moderation laws. This follows an invitation from the Supreme Court for the Solicitor General to express the views of the Federal Government on whether the case should be heard. The brief pertains to two cases and a counterclaim stemming from the enactment of laws in both Texas and Florida, which aim to restrict the ability of online platforms to engage in content moderation. The Solicitor General recommended that the Supreme Court give approval for the writs of certiorari in the cases numbered 22-277 and 22-555, with a specific focus on (1) whether the content moderation restrictions comply with the first amendment; and (2) whether the requirement for individual explanations for certain types of moderation complies with the first amendment. However, the cross-petition for a writ of certiorari in case 22-393, while conditional, should be declined. The Supreme Court will decide whether to take on the case.