Cite as: 603 U. S. ____ (2024) 1 BARRETT, J., concurring SUPREME COURT OF THE UNITED STATES _________________ Nos. 22–277 and 22–555 _________________ ASHLEY MOODY, ATTORNEY GENERAL OF FLORIDA, ET AL., PETITIONERS 22–277 v. NETCHOICE, LLC, DBA NETCHOICE, ET AL. ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT NETCHOICE, LLC, DBA NETCHOICE, ET AL., PETITIONERS 22–555 v. KEN PAXTON, ATTORNEY GENERAL OF TEXAS ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT [July 1, 2024] JUSTICE BARRETT, concurring. I join the Court’s opinion, which correctly articulates and applies our First Amendment precedent. In this respect, the Eleventh Circuit’s understanding of the First Amendment’s protection of editorial discretion was generally correct; the Fifth Circuit’s was not. But for the reasons the Court gives, these cases illustrate the dangers of bringing a facial challenge. If NetChoice’s members are concerned about preserving their editorial discretion with respect to the services on which they have focused throughout this litigation—e.g., Facebook’s Newsfeed and YouTube’s homepage—they would be better served by bringing a First Amendment challenge as applied to those functions. Analyzing how the First Amendment bears on

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