32
MOODY v. NETCHOICE, LLC
ALITO, J., concurring in judgment
American Express Co., 585 U. S. 529 (2018). And maybe we
should think about the unique ways in which social-media
platforms influence public thought. To be sure, I do not
suggest that we should decide at this time whether the Florida and Texas laws are constitutional as applied to Facebook’s News Feed or YouTube’s homepage. My argument
is just the opposite. Such questions should be resolved in
the context of an as-applied challenge. But no as-applied
question is before us, and we do not have all the facts that
we need to tackle the extraneous matters reached by the
majority.
Instead, when confronted with the application of a constitutional requirement to new technology, we should proceed
with caution. While the meaning of the Constitution remains constant, the application of enduring principles to
new technology requires an understanding of that technology and its effects. Premature resolution of such questions
creates the risk of decisions that will quickly turn into embarrassments.
IV
Just as NetChoice failed to make the showing necessary
to demonstrate that the States’ content-moderation provisions are facially unconstitutional, NetChoice’s facial attacks on the individual-disclosure provisions also fell short.
Those provisions require platforms to explain to affected users the basis of each content-censorship decision. Because
these regulations provide for the disclosure of “purely factual and uncontroversial information,” they must be reviewed under Zauderer’s framework, which requires only
that such laws be “reasonably related to the State’s interest
in preventing deception of consumers” and not “unduly
burde[n]” speech. 471 U. S., at 651.57
——————
57 Both lower courts reviewed these provisions under the Zauderer test.
And in the Florida case in particular, NetChoice did not contest—and
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