6 MOODY v. NETCHOICE, LLC Opinion of the Court content-moderation provisions, restricting covered platforms’ choices about whether and how to display usergenerated content to the public. And both include individualized-explanation provisions, requiring platforms to give reasons for particular content-moderation choices. Florida’s law regulates “social media platforms,” as defined expansively, that have annual gross revenue of over $100 million or more than 100 million monthly active users. Fla. Stat. §501.2041(1)(g) (2023).1 The statute restricts varied ways of “censor[ing]” or otherwise disfavoring posts— including deleting, altering, labeling, or deprioritizing them—based on their content or source. §501.2041(1)(b). For example, the law prohibits a platform from taking those actions against “a journalistic enterprise based on the content of its publication or broadcast.” §501.2041(2)(j). Similarly, the law prevents deprioritizing posts by or about political candidates. See §501.2041(2)(h). And the law requires platforms to apply their content-moderation practices to users “in a consistent manner.” §501.2041(2)(b). In addition, the Florida law mandates that a platform provide an explanation to a user any time it removes or alters any of her posts. See §501.2041(2)(d)(1). The requisite notice must be delivered within seven days, and contain both a “thorough rationale” for the action and an account of how the platform became aware of the targeted material. §501.2041(3). The Texas law regulates any social-media platform, having over 50 million monthly active users, that allows its users “to communicate with other users for the primary purpose of posting information, comments, messages, or images.” Tex. Bus. & Com. Code Ann. §§120.001(1), —————— 1 The definition of “social-media platforms” covers “any information service, system, Internet search engine, or access software provider” that “[p]rovides or enables computer access by multiple users to a computer server, including an Internet platform or a social media site.” Fla. Stat. §501.2041(1)(g)(1).

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