NetChoice, LLC v. Paxton (22-555)

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Decided

SCOTUS PageOpinion

Holding

The judgments are vacated, and the cases are remanded, because neither the U.S. Courts of Appeals for the 11th Circuit nor the 5th Circuit conducted a proper analysis of the facial First Amendment challenges to the Florida and Texas laws regulating large internet platforms.

Judgment

Vacated and remanded, 9-0, in an opinion by Elena Kagan on Jul 1, 2024. Justice Kagan delivered the opinion of the court, in which Chief Justice Roberts and Justices Sotomayor, Kavanaugh, and Barrett joined in full, and in which Justice Jackson joined as to Parts I, II, and III-A. Justice Barrett filed a concurring opinion. Justice Jackson filed an opinion concurring in part and concurring in the judgment. Justice Thomas filed an opinion concurring in the judgment. Justice Alito filed an opinion concurring in the judgment, in which Justices Thomas and Gorsuch joined.

Proceedings & orders timeline

Dec 15, 2022Petition for a writ of certiorari filed. (Response due January 18, 2023)Dec 20, 2022Response to petition from respondent Ken Paxton, Attorney General of Texas filed.Dec 20, 2022Letter dated December 20, 2022, from counsel for respondent filed.Jan 3, 2023Reply of petitioners NetChoice, LLC, dba NetChoice, et al. filed. (Distributed)

Jan 4, 2023

DISTRIBUTED for Conference of 1/20/2023.

Jan 23, 2023

The Solicitor General is invited to file a brief in this case expressing the views of the United States.

Aug 14, 2023Brief amicus curiae of United States filed. VIDED.Aug 28, 2023Supplemental brief of respondent Angela Colmenero, in her Official Capacity as Provisional Attorney General of Texas filed. (Distributed)

Aug 30, 2023

DISTRIBUTED for Conference of 9/26/2023.

Aug 30, 2023Supplemental brief of petitioners NetChoice, LLC, dba NetChoice, et al. filed. (Distributed)

Sep 29, 2023

Petition GRANTED limited to Questions 1 and 2 presented by the Solicitor General in her brief for the United States as amicus curiae.

Oct 10, 2023

The following briefing schedule is adopted: Respondents in No. 22-277 and petitioners in No. 22-555 shall file opening briefs on the merits on or before Thursday, November 30, 2023, and the briefs shall bear a light blue cover. Any brief of an amicus curiae in support or in support of neither party shall be filed on or before Thursday, December 7, 2023, and the brief shall bear a light green cover. Petitioners in No. 22-277 and respondents in No. 22-555 shall file response briefs on the merits on or before Tuesday, January 16, 2024, and those briefs shall bear a light red cover. Any brief of an amicus curiae in support shall be filed on or before Tuesday, January 23, 2024, and the briefs shall bear a dark green cover. Reply briefs shall be filed in compliance with Rule 25.3, and the briefs shall bear a yellow cover. An amicus curiae shall file only a single brief in these cases.

Nov 30, 2023Brief of petitioners NetChoice, LLC, dba NetChoice, et al. filed.Nov 30, 2023Joint appendix filed. (Statement of cost filed.)Nov 30, 2023Brief amicus curiae of Media Law Resource Center, Inc. filed. VIDEDDec 5, 2023Brief amicus curiae of Professor Eric Goldman filed. VIDED.Dec 5, 2023Brief amici curiae of Internet Works, et al. filed. VIDED.Dec 5, 2023Brief amicus curiae of Goldwater Institute filed. VIDED.Dec 5, 2023Brief amicus curiae of Washington Legal Foundation filed. VIDED.Dec 5, 2023Brief amici curiae of Professors Richard L. Hasen, Brendan Nyhan, and Amy Wilentz filed. VIDED.Dec 5, 2023Brief amici curiae of Reporters Committee for Freedom of the Press, et al. filed. VIDED.Dec 6, 2023Brief amicus curiae of Liberty Justice Center filed. VIDED.Dec 6, 2023Brief amici curiae of Giffords Law Center to Prevent Gun Violence, et al. in support of neither party filed. VIDED.Dec 6, 2023Brief amicus curiae of Foundation for Individual Rights and Expression filed. VIDED.Dec 6, 2023Brief amicus curiae of Bluesky, a Public Benefit Corporation, M. Chris Riley, an individual, and Floor64, Inc. d/b/a the Copia Institute filed. VIDED.Dec 6, 2023Brief amici curiae of First Amendment and Internet Law Scholars filed. VIDED.

Dec 6, 2023

Amicus brief of The Becket Fund for Religious Liberty in Support of Neither Party not accepted for filing. (Corrected version submitted--December 14, 2023)

Dec 6, 2023Brief amicus curiae of The Becket Fund for Religious Liberty in support of neither party (December 14, 2023) filed. VIDED.Dec 6, 2023Brief amicus curiae of Yelp Inc. filed. VIDED.Dec 7, 2023Brief amicus curiae of Public Knowledge filed. VIDED.Dec 7, 2023Brief amicus curiae of Phoenix Center for Advanced Legal & Economic Public Policy Studies filed.Dec 7, 2023Brief amicus curiae of Knight First Amendment Institute at Columbia University in support of neither party filed. VIDED.Dec 7, 2023Brief amici curiae of Article 19: Global Campaign for Free Expression, et al. filed. VIDED.Dec 7, 2023Brief amici curiae of Professors of History filed. VIDED.Dec 7, 2023Brief amicus curiae of Cato Institute filed. VIDED.Dec 7, 2023Brief amici curiae of Marketplace Industry Association, et al. filed. VIDED.Dec 7, 2023Brief amici curiae of National Security Experts in support of neither party filed. VIDED.Dec 7, 2023Brief amici curiae of Developers Alliance, et al. filed. VIDED.Dec 7, 2023Brief amicus curiae of Wikimedia Foundation filed. VIDED.

Dec 7, 2023

Amicus brief of Amicus Curiae International Center for Law & Economics not accepted for filing. (Corrected electronic and paper format to be submitted--December 11, 2023)

Dec 7, 2023Brief amicus curiae of Amicus Curiae International Center for Law & Economics filed. VIDED.Dec 7, 2023Brief amicus curiae of National Taxpayers Union Foundation filed. VIDED.Dec 7, 2023Brief amicus curiae of TechFreedom filed. VIDED.Dec 7, 2023Brief amicus curiae of Francis Fukuyama filed. VIDED.Dec 7, 2023Brief amici curiae of Chamber of Progress, et al. filed. VIDED.Dec 7, 2023Brief amicus curiae of United States filed. VIDED.Dec 7, 2023Brief amicus curiae of Internet Society filed. VIDED.Dec 7, 2023Brief amicus curiae of Protect the First Foundation filed. VIDED.Dec 7, 2023Brief amici curiae of Former Representative Christopher Cox and Senator Ron Wyden filed. VIDED.Dec 7, 2023Brief amicus curiae of Engine Advocacy filed. VIDED.Dec 7, 2023Brief amici curiae of Economists in support of neither party filed. VIDED.Dec 7, 2023Brief amicus curiae of Reddit, Inc. filed. VIDED.Dec 7, 2023Brief amicus curiae of American Center for Law and Justice in support neither party filed. VIDED.Dec 7, 2023Brief amicus curiae of The Chamber of Commerce of the United States of America filed. VIDED.Dec 7, 2023Brief amicus curiae of Center for Democracy & Technology filed. VIDED.Dec 7, 2023Brief amici curiae of Center for Social Media and Politics at New York University, et al. in support of neither party filed. VIDED.Dec 7, 2023Brief amicus curiae of Discord Inc. filed. VIDED.Dec 7, 2023Brief amicus curiae of The Center for Business and Human Rights of the Leonard N. Stern School of Business at New York University in support of neither party filed. VIDED.Dec 7, 2023Brief amicus curiae of The Trust & Safety Foundation filed. VIDED.Dec 7, 2023Brief amici curiae of Reason Foundation, et al. filed. VIDED.Dec 7, 2023Brief amicus curiae of U.S. Senator Ben Ray Luján filed. VIDED.Dec 7, 2023Brief amici curiae of Electronic Frontier Foundation, et al. filed. VIDED.Dec 7, 2023Brief amicus curiae of Professor Christopher S. Yoo filed. VIDED.Dec 7, 2023Brief amicus curiae of The Lawyers’ Committee for Civil Rights Under Law in support of neither party filed. VIDED.Dec 7, 2023Brief amicus curiae of American Jewish Committee filed. VIDED.Dec 7, 2023Brief amicus curiae of The Anti-Defamation League in support of neither party filed. VIDED.Dec 7, 2023Brief amici curiae of New York, et al. filed. VIDED.Dec 7, 2023Brief amici curiae of Center for Growth and Opportunity, et al. filed. VIDED.Dec 7, 2023Brief amicus curiae of Americans for Prosperity Foundation filed. VIDED.Dec 7, 2023Brief amici curiae of Moderators of R/Law and R/Scotus filed. VIDED.Dec 7, 2023Brief amicus curiae of Electronic Privacy Information Center supporting neither party filed. VIDED.

Jan 5, 2024

SET FOR ARGUMENT on Monday, February 26, 2024.

Jan 10, 2024

Record requested from the United States Court of Appeals for the Fifth Circuit.

Jan 16, 2024Brief of respondent Ken Paxton, Attorney General of Texas filed. (Distributed)

Jan 18, 2024

Record received from the United States Court of Appeals for the Fifth Circuit. The record is electronic and is available on PACER.

Jan 19, 2024

Record requested from the United States District Court for the Western District of Texas.

Jan 19, 2024Brief amicus curiae of The Digital Progress Institute filed. VIDED. (Distributed)Jan 19, 2024Brief amicus curiae of Dr. Christos A. Makridis filed. VIDED. (Distributed)Jan 19, 2024Brief amici curiae of Legal Scholars Adam Candeub & Adam MacLeod filed. VIDED. (Distributed)Jan 22, 2024Brief amici curiae of States of Missouri, et al. filed. VIDED. (Distributed)Jan 22, 2024Motion of United States for leave to participate in oral argument as amicus curiae and for divided argument filed.Jan 22, 2024Brief amicus curiae of World Faith Foundation filed. VIDED. (Distributed)Jan 22, 2024Brief amicus curiae of Keep the Republic filed. VIDED. (Distributed)Jan 22, 2024Brief amicus curiae of Professor Philip Hamburger filed. (Distributed)Jan 23, 2024Brief amicus curiae of The Heartland Institute filed. VIDED. (Distributed)Jan 23, 2024Brief amicus curiae of Center for Constitutional Jurisprudence filed. VIDED. (Distributed)Jan 23, 2024Brief amici curiae of iTexasPolitics, LLC d/b/a The Texan, et al. filed. VIDED. (Distributed)Jan 23, 2024Brief amici curiae of Moms for Liberty, et al. filed. VIDED. (Distributed)Jan 23, 2024Brief amicus curiae of American Principles Project filed. VIDED. (Distributed)Jan 23, 2024Brief amicus curiae of David Mamet filed. (Distributed)Jan 23, 2024Brief amicus curiae of The Rutherford Institute filed. VIDED. (Distributed)Jan 23, 2024Brief amicus curiae of Life Legal Defense Foundation filed. (Distributed)Jan 23, 2024Brief amicus curiae of Children’s Health Defense filed. VIDED. (Distributed)Jan 23, 2024Brief amici curiae of Law and History Scholars filed. (Distributed)Jan 23, 2024Brief amicus curiae of Senator Josh Hawley filed. (Distributed)Jan 23, 2024Brief amicus curiae of Students at Columbia Against Censorship filed. (Distributed)Jan 23, 2024Brief amicus curiae of Eric Rasmusen filed. VIDED. (Distributed)Jan 23, 2024Brief amicus curiae of The Center for American Liberty filed. VIDED. (Distributed)Jan 23, 2024Brief amicus curiae of Donald W. Landry filed. VIDED. (Distributed)Jan 23, 2024Brief amici curiae of Babylon Bee and Not the Bee filed. VIDED. (Distributed)Jan 23, 2024Brief amicus curiae of Center for Renewing America filed. VIDED. (Distributed)Jan 23, 2024Brief amicus curiae of Open Markets Institute filed (Jan. 30, 2024.) VIDED. (Distributed)Jan 23, 2024Brief amicus curiae of Amicus Populi filed. VIDED. (Distributed)

Jan 30, 2024

Record received from the United States District Court for the Western District of Texas. The record is electronic and is available with the Clerk.

Feb 15, 2024Reply of petitioners NetChoice, LLC, dba NetChoice, et al. filed. (Distributed)

Feb 16, 2024

Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.

Feb 26, 2024

Argued. For petitioners: Paul D. Clement, Alexandria, Va.; and Elizabeth B. Prelogar, Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: Aaron L. Nielson, Solicitor General, Austin, Tex.

Jul 1, 2024

Judgment VACATED and case REMANDED. Kagan, J., delivered the opinion of the Court, in which Roberts, C. J., and Sotomayor, Kavanaugh, and Barrett, JJ., joined in full, and in which Jackson, J., joined as to Parts I, II and III-A. Barrett, J., filed a concurring opinion. Jackson, J., filed an opinion concurring in part and concurring in the judgment. Thomas, J., filed an opinion concurring in the judgment. Alito, J., filed an opinion concurring in the judgment, in which Thomas and Gorsuch, JJ., joined. (Opinion together with No. 22-277).

Aug 2, 2024Judgment Issued.

Recommended Citation: NetChoice, LLC v. Paxton, SCOTUSblog, https://www.scotusblog.com/cases/netchoice-llc-v-paxton/

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