The Supreme Court’s landmark Moody v. NetChoice decision made this possible by putting a stop to Big Tech’s handwave-y facial First Amendment challenges. Now that companies must make specific, factual claims about what they are claiming is expressive and why, they are losing.
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Far From a Punt, SCOTUS’s NetChoice Decision Crushes Big Tech’s Big Litigation Dreams
The Supreme Court's decision in the NetChoice cases is a huge blow to Big Tech’s litigation strategy of requesting the broadest possible relief from regulation based on nothing more than vibes.