34
MOODY v. NETCHOICE, LLC
ALITO, J., concurring in judgment
far as to say that “all companies” should be required to explain censorship decisions and “provide a straightforward
process to appeal decisions made by humans or algorithms.”58 Moreover, as mentioned, many platforms are already providing similar disclosures pursuant to the European Union’s Digital Services Act. Yet complying with that
law does not appear to have unduly burdened each platform’s speech in those countries. On remand, the courts
might consider whether compliance with EU law chilled the
platforms’ speech.
*
*
*
The only binding holding in these decisions is that
NetChoice has yet to prove that the Florida and Texas laws
they challenged are facially unconstitutional. Because the
majority opinion ventures far beyond the question we must
decide, I concur only in the judgment.
——————
58 Does Section 230’s Sweeping Immunity Enable Big Tech Bad Behavior? Hearing before the Senate Committee on Commerce, Science, and
Transportation, 116th Cong., 2d Sess., 2 (2020) (statement of Jack
Dorsey, CEO, Twitter, Inc.).
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents