Gus Hurwitz on the NetChoice Decision
ICLE Director of Law & Economics Programs Gus Hurwitz was quoted by the Associated Press in a story about the U.S. Supreme Court’s opinions in NetChoice LLC v. Paxton and Moody v. NetChoice LLC. You can read the full piece here.
But it’s a “bumpy win,” noted Gus Hurwitz, academic director of the Center for Technology, Innovation & Competition at the University of Pennsylvania Carey Law School. He said the justices were “clearly frustrated” that the case came to them as a facial challenge — where the plaintiff argues that the law is unconstitutional — vacating both cases and sending them back to be “more fully developed.”
“Five of the justices sign on to the direct statement that ‘Texas does not like the way those platforms are selecting and moderating content, and wants them to create a different expressive product, communicating different values and priorities. But under the First Amendment, that is a preference Texas may not impose,” Hurwitz said. “It is hard to see how this doesn’t dictate the ultimate resolution of the case, and clearly foreshadows a rocky road ahead for these statutes if Texas and Florida continue to press forward with them.”