NetChoice, LLC v. Paxton
Docket No.
22-555
Granted:
September 29, 2023
Argued:
February 26, 2024
Decided:
July 1, 2024
Materials
| Judgment Issued. |
| Judgment VACATED and case REMANDED. Kagan, J., delivered the opinion of the Court, in which Roberts, C. J., and Sotomayor, Kavanaugh, and Barrett, JJ., joined in full, and in which Jackson, J., joined as to Parts I, II and III-A. Barrett, J., filed a concurring opinion. Jackson, J., filed an opinion concurring in part and concurring in the judgment. Thomas, J., filed an opinion concurring in the judgment. Alito, J., filed an opinion concurring in the judgment, in which Thomas and Gorsuch, JJ., joined. (Opinion together with No. 22-277). |
| Judgment VACATED and case REMANDED. Kagan, J., delivered the opinion of the Court, in which Roberts, C. J., and Sotomayor, Kavanaugh, and Barrett, JJ., joined in full, and in which Jackson, J., joined as to Parts I, II and III-A. Barrett, J., filed a concurring opinion. Jackson, J., filed an opinion concurring in part and concurring in the judgment. Thomas, J., filed an opinion concurring in the judgment. Alito, J., filed an opinion concurring in the judgment, in which Thomas and Gorsuch, JJ., joined. (Opinion together with No. 22-277). |
| Argued. For petitioners: Paul D. Clement, Alexandria, Va.; and Elizabeth B. Prelogar, Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: Aaron L. Nielson, Solicitor General, Austin, Tex. |
| Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| Reply of NetChoice, LLC, dba NetChoice, et al. submitted. |
| Reply of petitioners NetChoice, LLC, dba NetChoice, et al. filed. (Distributed) |
| Record received from the United States District Court for the Western District of Texas. The record is electronic and is available with the Clerk. |
| Amicus brief of Center for Constitutional Jurisprudence submitted. |
| Amicus brief of David Mamet submitted. |
| Amicus brief of Students at Columbia Against Censorship submitted. |
| Amicus brief of American Principles Project submitted. |
| Amicus brief of The Center for American Liberty submitted. |
| Amicus brief of The Heartland Institute submitted. |
| Amicus brief of David Mamet submitted. |
| Brief amici curiae of iTexasPolitics, LLC d/b/a The Texan et al. filed. VIDED. (Distributed) |
| Brief amicus curiae of The Heartland Institute filed. VIDED. (Distributed) |
| Amicus brief of Moms for Liberty, Institute for Free Speech submitted. |
| Amicus brief of Students at Columbia Against Censorship submitted. |
| Amicus brief of Donald W. Landry submitted. |
| Amicus brief of Babylon Bee and Not the Bee submitted. |
| Amicus brief of Life Legal Defense Foundation submitted. |
| Amicus brief of iTexasPolitics, LLC d/b/a The Texan and PowerHouse Management, Inc. submitted. |
| Amicus brief of Open Markets Institute submitted. |
| Amicus brief of Eric Rasmusen submitted. |
| Amicus brief of The Rutherford Institute submitted. |
| Amicus brief of Children’s Health Defense submitted. |
| Amicus brief of Law and History Scholars submitted. |
| Amicus brief of Amicus Populi submitted. |
| Brief amici curiae of Moms for Liberty, et al. filed. VIDED. (Distributed) |
| Amicus brief of Senator Josh Hawley submitted. |
| Brief amicus curiae of The Rutherford Institute filed. VIDED. (Distributed) |
| Brief amicus curiae of The Center for American Liberty filed. VIDED. (Distributed) |
| Amicus brief of Open Markets Institute submitted. |
| Brief amicus curiae of Center for Renewing America filed. VIDED. (Distributed) |
| Brief amici curiae of Babylon Bee and Not the Bee filed. VIDED. (Distributed) |
| Brief amicus curiae of American Principles Project filed. VIDED. (Distributed) |
| Amicus brief of Amicus Populi submitted. |
| Brief amicus curiae of Center for Constitutional Jurisprudence filed. VIDED. (Distributed) |
| Brief amicus curiae of Amicus Populi filed. VIDED. (Distributed) |
| Brief amicus curiae of Open Markets Institute filed (Jan. 30, 2024.) VIDED. (Distributed) |
| Amicus brief of Amicus Populi submitted. |
| Brief amici curiae of iTexasPolitics, LLC d/b/a The Texan, et al. filed. VIDED. (Distributed) |
| Brief amicus curiae of Open Markets Institute filed.(Jan. 30, 2023) VIDED. (Distributed) |
| Brief amicus curiae of Donald W. Landry filed. VIDED. (Distributed) |
| Brief amicus curiae of Life Legal Defense Foundation filed. (Distributed) |
| Amicus brief of Center for Renewing America submitted. |
| Amicus brief of Center for Renewing America submitted. |
| Brief amicus curiae of David Mamet filed. (Distributed) |
| Brief amicus curiae of Children’s Health Defense filed. VIDED. (Distributed) |
| Brief amici curiae of Law and History Scholars filed. (Distributed) |
| Brief amicus curiae of Eric Rasmusen filed. VIDED. (Distributed) |
| Brief amicus curiae of Students at Columbia Against Censorship filed. (Distributed) |
| Brief amicus curiae of Senator Josh Hawley filed. (Distributed) |
| Amicus brief of World Faith Foundation submitted. |
| Amicus brief of Professor Philip Hamburger submitted. |
| Amicus brief of States of Missouri, Ohio, Alaska, Alabama, Arkansas, Iowa, Kentucky, Louisana, Mississippi, Montana, Nebraska, New Hampshire, N. Dakota, Oklahoma, S. Carolina, S. Dakota, Tennessee, Utah, Virginia, AZ Legislature submitted. |
| Motion of United States for leave to participate in oral argument and for divided argument submitted. |
| Amicus brief of Keep the Republic submitted. |
| Motion of United States for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| Brief amicus curiae of World Faith Foundation filed. VIDED. (Distributed) |
| Brief amicus curiae of Keep the Republic filed. VIDED. (Distributed) |
| Brief amicus curiae of Professor Philip Hamburger filed. (Distributed) |
| Brief amici curiae of States of Missouri, et al. filed. VIDED. (Distributed) |
| Amicus brief of Legal Scholars Adam Canteub & Adam MacLeod submitted. |
| Amicus brief of Dr. Christos A. Makridis submitted. |
| Amicus brief of The Digital Progress Institute submitted. |
| Record requested from the United States District Court for the Western District of Texas. |
| Amicus brief of Legal Scholars Adam Candeub & Adam MacLeod submitted. |
| Brief amici curiae of Legal Scholars Adam Candeub & Adam MacLeod filed. VIDED. (Distributed) |
| Brief amicus curiae of The Digital Progress Institute filed. VIDED. (Distributed) |
| Brief amicus curiae of Dr. Christos A. Makridis filed. VIDED. (Distributed) |
| Record received from the United States Court of Appeals for the Fifth Circuit. The record is electronic and is available on PACER. |
| Brief of Angela Colmenero, in her Official Capacity as Provisional Attorney General of Texas submitted. |
| Brief of respondent Ken Paxton, Attorney General of Texas filed. (Distributed) |
| CIRCULATED. |
| Record requested from the United States Court of Appeals for the Fifth Circuit. |
| SET FOR ARGUMENT on Monday, February 26, 2024. |
| Amicus brief of The Becket Fund for Religious Liberty in Support of Neither Party submitted. |
| Amicus brief of Amicus Curiae International Center for Law & Economics submitted. |
| Amicus brief of Discord Inc. submitted. |
| Amicus brief of Chamber of Progress et al. submitted. |
| Amicus brief of The Chamber of Commerce of the United States of America submitted. |
| Amicus brief of Amicus Curiae International Center for Law & Economics submitted. |
| Amicus brief of Cato Institute submitted. |
| Amicus brief of American Jewish Committee submitted. |
| Amicus brief of Center for Democracy & Technology submitted. |
| Amicus brief of Professor Christopher S. Yoo submitted. |
| Amicus brief of National Taxpayers Union Foundation submitted. |
| Amicus brief of Electronic Frontier Foundation, et al. submitted. |
| Brief amici curiae of Professors of History filed. VIDED. |
| Amicus brief of States of New York, Arizona, California, Colorado, Connecticut, Delaware, Hawai‘I, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, North Carolina, Oregon, Rhode Island, Vermont, Washington, and Wisconsin, and the District of Columbia submitted. |
| Brief amicus curiae of Cato Institute filed. VIDED. |
| Brief amici curiae of Marketplace Industry Association; et al. filed. VIDED. |
| Brief amici curiae of National Security Experts in support of neither party filed. VIDED. |
| Brief amici curiae of Developers Alliance, et al. filed. VIDED. |
| Amicus brief of Francis Fukuyama submitted. |
| Brief amici curiae of Article 19: Global Campaign for Free Expression, et al. filed. VIDED. |
| Amicus brief of The Trust & Safety Foundation submitted. |
| Amicus brief of United States submitted. |
| Brief amicus curiae of Public Knowledge filed. VIDED. |
| Brief amicus curiae of Knight First Amendment Institute at Columbia University in support of neither party filed. VIDED. |
| Brief amicus curiae of Phoenix Center for Advanced Legal & Economic Public Policy Studies filed. |
| Amicus brief of Internet Society submitted. |
| Amicus brief of Center for Growth and Opportunity, et al. submitted. |
| Amicus brief of Economists of Technology Policy Institute submitted. |
| Amicus brief of Center for Social Media and Politics at New York University et al. submitted. |
| Amicus brief of Engine Advocacy submitted. |
| Amicus brief of American Center for Law and Justice submitted. |
| Amicus brief of Former Representative Chris Cox and Senator Ron Wyden submitted. |
| Amicus brief of Americans for Prosperity Foundation submitted. |
| Brief amicus curiae of Wikimedia Foundation filed. VIDED. |
| Amicus brief of Public Knowledge submitted. |
| Amicus brief of TechFreedom submitted. |
| Amicus brief of Moderators of R/Law and R/Scotus submitted. |
| Amicus brief of Marketplace Industry Association; Etsy, Inc.; OfferUp, Inc.; and eBay, Inc. submitted. |
| Amicus brief of Wikimedia Foundation submitted. |
| Amicus brief of Professors of History submitted. |
| Amicus brief of Knight First Amendment Institute at Columbia University submitted. |
| Amicus brief of Reddit, Inc. submitted. |
| Amicus brief of Phoenix Center for Advanced Legal & Economic Public Policy Studies submitted. |
| Amicus brief of The Lawyers’ Committee for Civil Rights Under Law submitted. |
| Amicus brief of National Security Experts submitted. |
| Amicus brief of Article 19: Global Campaign for Free Expression submitted. |
| Amicus brief of The Center for Business and Human Rights of the Leonard N. Stern School of Business at New York University submitted. |
| Amicus brief of The Anti-Defamation League submitted. |
| Amicus brief of Electronic Privacy Information Center submitted. |
| Amicus brief of Developers Alliance and Software & Information Industry Association submitted. |
| Brief amicus curiae of Discord Inc. filed. VIDED. |
| Brief amicus curiae of The Center for Business and Human Rights of the Leonard N. Stern School of Business at New York University in support of neither party filed. VIDED. |
| Brief amicus curiae of American Jewish Committee filed. VIDED. |
| Brief amicus curiae of The Anti-Defamation League in support of neither party filed. VIDED. |
| Brief amici curiae of States of New York, et al. filed. VIDED. |
| Brief amicus curiae of Amicus Curiae International Center for Law & Economics filed. VIDED. |
| Brief amicus curiae of The Lawyers’ Committee for Civil Rights Under Law in support of neither party filed. VIDED. |
| Brief amicus curiae of Professor Christopher S. Yoo filed. VIDED. |
| Brief amicus curiae of The Trust & Safety Foundation filed. VIDED. |
| Brief amici curiae of Reason Foundation, Committee for Justice, Competitive Enterprise Institute,Taxpayers Protection Alliance filed. VIDED. |
| Brief amicus curiae of U.S. Senator Ben Ray Luján filed. VIDED. |
| Brief amici curiae of Electronic Frontier Foundation, et al. filed. VIDED. |
| Brief amici curiae of Center for Growth and Opportunity, et al. filed. VIDED. |
| Brief amicus curiae of Americans for Prosperity Foundation filed. VIDED. |
| Brief amici curiae of Moderators of R/Law and R/Scotus filed. VIDED. |
| Brief amicus curiae of Electronic Privacy Information Center filed. VIDED. |
| Brief amicus curiae of Electronic Privacy Information Center supporting neither party filed. VIDED. |
| Brief amicus curiae of The Chamber of Commerce of the United States of America filed. VIDED. |
| Amicus brief of Amicus Curiae International Center for Law & Economics not accepted for filing. (Corrected electronic and paper format to be submitted--December 11, 2023) |
| Brief amici curiae of Reason Foundation, et al. filed. VIDED. |
| Brief amici curiae of Marketplace Industry Association, et al. filed. VIDED. |
| Brief amici curiae of Chamber of Progress, et al. filed. VIDED. |
| Brief amici curiae of Former Representative Christopher Cox and Senator Ron Wyden filed. VIDED. |
| Brief amici curiae of Center for Social Media and Politics at New York University, et al. in support of neither party filed. VIDED. |
| Brief amici curiae of New York, et al. filed. VIDED. |
| Brief amicus curiae of Reddit, Inc. filed. VIDED. |
| Brief amici curiae of Former Representative Chris Cox and Senator Ron Wyden filed. VIDED. |
| Brief amicus curiae of Engine Advocacy filed. VIDED. |
| Brief amici curiae of Economists in support of neither party filed. VIDED. |
| Brief amicus curiae of Protect the First Foundation filed. VIDED. |
| Brief amicus curiae of Internet Society filed. VIDED. |
| Brief amicus curiae of TechFreedom filed. VIDED. |
| Brief amicus curiae of Francis Fukuyama filed. VIDED. |
| Brief amici curiae of Chamber of Progress et al. filed. VIDED. |
| Brief amicus curiae of United States filed. VIDED. |
| Brief amicus curiae of National Taxpayers Union Foundation filed. VIDED. |
| Brief amici curiae of Center for Social Media and Politics at New York University et al. in support of neither party filed. VIDED. |
| Brief amicus curiae of American Center for Law and Justice in support neither party filed. VIDED. |
| Brief amicus curiae of The Chamber of Commerce of the United States of America filed. |
| Brief amicus curiae of Center for Democracy & Technology filed. VIDED. |
| Brief amicus curiae of The Becket Fund for Religious Liberty in support of neither party (December 14, 2023) filed. VIDED. |
| Amicus brief of The Becket Fund for Religious Liberty in Support of Neither Party submitted. |
| Amicus brief of First Amendment and Internet Law Scholars submitted. |
| Amicus brief of Bluesky, a Public Benefit Corporation, M. Chris Riley, an individual, and Floor64, Inc. d/b/a the Copia Institute submitted. |
| Amicus brief of Giffords Law Center to Prevent Gun Violence submitted. |
| Amicus brief of Foundation for Individual Rights and Expression submitted. |
| Brief amicus curiae of The Becket Fund for Religious Liberty in Support of Neither Party(DEC 14, 2023) filed. VIDED. |
| Amicus brief of Liberty Justice Center submitted. |
| Amicus brief of The Becket Fund for Religious Liberty in Support of Neither Party submitted. |
| Amicus brief of Yelp Inc. submitted. |
| Brief amicus curiae of Liberty Justice Center filed. VIDED. |
| Brief amici curiae of Giffords Law Center to Prevent Gun Violence, et al. in support of neither party filed. VIDED. |
| Brief amicus curiae of Yelp Inc. filed. VIDED. |
| Brief amici curiae of First Amendment and Internet Law Scholars filed. VIDED. |
| Brief amicus curiae of Foundation for Individual Rights and Expression filed. VIDED. |
| Amicus brief of The Becket Fund for Religious Liberty in Support of Neither Party not accepted for filing. (Corrected version submitted--December 14, 2023) |
| Amicus brief of The Becket Fund for Religious Liberty in Support of Neither Party submitted. |
| Amicus brief of The Becket Fund for Religious Liberty in Support of Neither Party not accepted for filing. (Corrected version submitted) (December 14, 2023) |
| Brief amicus curiae of Bluesky, a Public Benefit Corporation, M. Chris Riley, an individual, and Floor64, Inc. d/b/a the Copia Institute filed. VIDED. |
| Amicus brief of Reporters Committee for Freedom of the Press et al. submitted. |
| Amicus brief of Internet Works, Glassdoor, LLC, Indeed, Inc., Nextdoor, Inc., Mozilla Corporation, Pinterest, Inc., Tripadvisor, LLC, Tumblr, Inc., Vimeo, Inc. submitted. |
| Amicus brief of Washington Legal Foundation submitted. |
| Amicus brief of Goldwater Institute submitted. |
| Amicus brief of Professor Eric Goldman submitted. |
| Amicus brief of Internet Works, Glassdoor, LLC, Indeed, Inc., Nextdoor, Inc., Mozilla Corporation, Pinterest, Inc., Reddit, Inc. Tripadvisor, LLC, Tumblr, Inc., Vimeo, Inc. submitted. |
| Amicus brief of Professors Richard L. Hasen, Brendan Nyhan, and Amy Wilentz submitted. |
| Brief amicus curiae of Goldwater Institute filed. VIDED. |
| Brief amici curiae of Professors Richard L. Hasen, Brendan Nyhan, and Amy Wilentz filed. VIDED. |
| Brief amici curiae of Reporters Committee for Freedom of the Press et al. filed. VIDED. |
| Brief amicus curiae of Washington Legal Foundation filed. VIDED. |
| Brief amici curiae of Internet Works, et al. filed. VIDED. |
| Brief amici curiae of Reporters Committee for Freedom of the Press, et al. filed. VIDED. |
| Brief amicus curiae of Professor Eric Goldman filed. VIDED. |
| Brief of petitioners NetChoice, LLC, dba NetChoice, et al. filed. |
| Joint Appendix submitted. |
| Brief of NetChoice, LLC, dba NetChoice, et al. submitted. |
| Amicus brief of Media Law Resource Center, Inc. submitted. |
| Joint appendix filed. (Statement of cost filed.) |
| Joint appendix filed. |
| Brief amicus curiae of Media Law Resource Center, Inc. filed. VIDED |
| The following briefing schedule is adopted: Respondents in No. 22-277 and petitioners in No. 22-555 shall file opening briefs on the merits on or before Thursday, November 30, 2023, and the briefs shall bear a light blue cover. Any brief of an amicus curiae in support or in support of neither party shall be filed on or before Thursday, December 7, 2023, and the brief shall bear a light green cover. Petitioners in No. 22-277 and respondents in No. 22-555 shall file response briefs on the merits on or before Tuesday, January 16, 2024, and those briefs shall bear a light red cover. Any brief of an amicus curiae in support shall be filed on or before Tuesday, January 23, 2024, and the briefs shall bear a dark green cover. Reply briefs shall be filed in compliance with Rule 25.3, and the briefs shall bear a yellow cover. An amicus curiae shall file only a single brief in these cases. |
| Petition GRANTED limited to Questions 1 and 2 presented by the Solicitor General in her brief for the United States as amicus curiae. |
| Supplemental brief of petitioners NetChoice, LLC, dba NetChoice, et al. filed. (Distributed) |
| DISTRIBUTED for Conference of 9/26/2023. |
| Supplemental brief of respondent Angela Colmenero, in her Official Capacity as Provisional Attorney General of Texas filed. (Distributed) |
| Brief amicus curiae of United States filed. VIDED. |
| The Solicitor General is invited to file a brief in this case expressing the views of the United States. |
| DISTRIBUTED for Conference of 1/20/2023. |
| Reply of petitioners NetChoice, LLC, dba NetChoice, et al. filed. (Distributed) |
| Response to petition from respondent Ken Paxton, Attorney General of Texas filed. |
| Letter dated December 20, 2022, from counsel for respondent filed. |
| Petition for a writ of certiorari filed. (Response due January 18, 2023) |
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