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First Amendment · Section 230 · AI Liability Nerdy Skynet! June 09, 2026 |
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Coverage: 2026-06-05 through 2026-06-09 · 1 new development this period |
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Techdirt |
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In NetChoice V. Murrill, The Copia Institute Asks The Fifth Circuit Not To Keep Ignoring The First Amendment Techdirt · 2026-06-05 CommentaryThis post covers the Copia Institute's amicus brief filed in NetChoice v. Murrill, a Fifth Circuit challenge to Louisiana's social media age-gating law, arguing that such laws violate the First Amendment rights of minors and adults alike by requiring identity verification that destroys online anonymity and imposes privacy harms. The post situates the case within the broader pattern of Fifth Circuit rulings hostile to First Amendment challenges to platform regulation — including NetChoice v. Paxton, Free Speech Coalition v. Paxton, and CCIA v. Paxton — and invokes Moody v. NetChoice as controlling precedent the Fifth Circuit has repeatedly resisted applying. The brief raises compelled speech, anonymity, and overbreadth arguments that are directly relevant to the newsletter's tracking of state social media regulation, online anonymity doctrine, and the ongoing NetChoice litigation on remand. Key point: The Copia Institute's amicus argues that Louisiana's age-verification law is unconstitutional because conditioning platform access on identity disclosure destroys the First Amendment right to anonymous speech for all users, not just minors, and that the Fifth Circuit's repeated failure to apply controlling Supreme Court precedent in this space demands correction. |
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Sources: CourtListener API ·
All 13 federal circuit RSS feeds ·
All 50 state supreme courts + intermediate appellate courts (8 states)
via Justia ·
Eric Goldman · Techdirt |