18
MOODY v. NETCHOICE, LLC
Opinion of the Court
own. And that activity results in a distinctive expressive
product. When the government interferes with such editorial choices—say, by ordering the excluded to be included—
it alters the content of the compilation. (It creates a different opinion page or parade, bearing a different message.)
And in so doing—in overriding a private party’s expressive
choices—the government confronts the First Amendment.4
Second, none of that changes just because a compiler includes most items and excludes just a few. That was the
situation in Hurley. The St. Patrick’s Day parade at issue
there was “eclectic”: It included a “wide variety of patriotic,
commercial, political, moral, artistic, religious, athletic,
public service, trade union, and eleemosynary themes, as
well as conflicting messages.” 515 U. S., at 562. Or otherwise said, the organizers were “rather lenient in admitting
participants.” Id., at 569. No matter. A “narrow, succinctly
articulable message is not a condition of constitutional protection.” Ibid. It “is enough” for a compiler to exclude the
handful of messages it most “disfavor[s].” Id., at 574. Suppose, for example, that the newspaper in Tornillo had
granted a right of reply to all but one candidate. It would
have made no difference; the Florida statute still could not
have altered the paper’s policy. Indeed, that kind of focused
editorial choice packs a peculiarly powerful expressive
punch.
Third, the government cannot get its way just by asserting an interest in improving, or better balancing, the marketplace of ideas. Of course, it is critically important to
have a well-functioning sphere of expression, in which citizens have access to information from many sources. That
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4 Of course, an entity engaged in expressive activity when performing
one function may not be when carrying out another. That is one lesson
of FAIR. The Court ruled as it did because the law schools’ recruiting
services were not engaged in expression. See 547 U. S. 47, 64 (2006).
The case could not have been resolved on that ground if the regulation
had affected what happened in law school classes instead.