They can't. SCOTUS's decision in Netchoice v. Moody, written by Justice Kagan, already held that violates the First Amendment.
I hope Dems introduce some sort of fairness doctrine for algorithms. Would be a great start to get on punishing ppl like Elon
November 5, 2026 at 6:42 PM
They can't. SCOTUS's decision in Netchoice v. Moody, written by Justice Kagan, already held that violates the First Amendment.
Um, no, it doesn't. We have a LOT of court decisions where Trump/MAGA actions have been struck down because they violated 1A.
The Netchoice v. Moody decision for instance struck down state efforts by MAGA Texas and Florida to prohibit social media sites from blocking/banning "conservative ...
The Netchoice v. Moody decision for instance struck down state efforts by MAGA Texas and Florida to prohibit social media sites from blocking/banning "conservative ...
November 6, 2026 at 3:45 PM
Um, no, it doesn't. We have a LOT of court decisions where Trump/MAGA actions have been struck down because they violated 1A.
The Netchoice v. Moody decision for instance struck down state efforts by MAGA Texas and Florida to prohibit social media sites from blocking/banning "conservative ...
The Netchoice v. Moody decision for instance struck down state efforts by MAGA Texas and Florida to prohibit social media sites from blocking/banning "conservative ...
Meta argues the ban is preempted by Section 230 of the Communications Decency Act, that feed content is protected speech under Moody v. NetChoice, and that strict scrutiny applies. It says the law would fail even intermediate scrutiny.
November 6, 2026 at 11:31 AM
Meta argues the ban is preempted by Section 230 of the Communications Decency Act, that feed content is protected speech under Moody v. NetChoice, and that strict scrutiny applies. It says the law would fail even intermediate scrutiny.
Or 2024's Netchoice v. Moody decision (written by Justice Kagan, which Alito and Thomas refused to sign onto), which held that social media sites have a 1A right to refuse to display viewpoints (and block posters with such viewpoints). Thus, the gov't could not force them to carry such viewpoints.
November 5, 2026 at 3:55 PM
Or 2024's Netchoice v. Moody decision (written by Justice Kagan, which Alito and Thomas refused to sign onto), which held that social media sites have a 1A right to refuse to display viewpoints (and block posters with such viewpoints). Thus, the gov't could not force them to carry such viewpoints.
Red Lion v. FCC, Miami Herald v. Tornillo and most recently Netchoice v. Moody say otherwise.
November 4, 2026 at 7:45 PM
Red Lion v. FCC, Miami Herald v. Tornillo and most recently Netchoice v. Moody say otherwise.
The suits follow defeats for the industry elsewhere. In June the Sixth Circuit refused NetChoice an injunction against Ohio's law. In October the Eleventh Circuit rejected challenges to laws in Georgia and Florida.
November 6, 2026 at 11:31 AM
The suits follow defeats for the industry elsewhere. In June the Sixth Circuit refused NetChoice an injunction against Ohio's law. In October the Eleventh Circuit rejected challenges to laws in Georgia and Florida.
CCIA, along with @NetChoice and @TechNetUpdate, has filed an amicus brief before the US District Court for the Southern District of New York, supporting the use of copyrighted material for AI training. 1/2
November 2, 2026 at 2:45 PM
CCIA, along with @NetChoice and @TechNetUpdate, has filed an amicus brief before the US District Court for the Southern District of New York, supporting the use of copyrighted material for AI training. 1/2
Given judicial fuckery from various appellate courts and possibly SCOTUS (if, say, CCIA & Netchoice v. Paxton goes badly in the 5th and then gets appealed...), we may have to get out in front with model legislation we can advertise as "Section 230 reform".
November 4, 2026 at 9:20 PM
Given judicial fuckery from various appellate courts and possibly SCOTUS (if, say, CCIA & Netchoice v. Paxton goes badly in the 5th and then gets appealed...), we may have to get out in front with model legislation we can advertise as "Section 230 reform".
カリフォルニア州法SB976の予備的差止を争っているNetchoice v. Bontaに加えて、Meta,Google,TikTokが個別にSB976の予備的差止を争ってるみたいなんだけど、なんでこんな複雑なことになってんだと思ったら、あれか、Moody判決の法廷意見（さらにはバレット判事の同意意見）の影響か・・・
パーソナライズ・フィードに対する規制が修正一条違反かどうかをNetchoiceが争う資格がない（プラットフォームごとに機能が違うから、各社のアルゴリズムが「表現」的かどうかは個社ごとに判断するしかない）ということね？
epic.org/documents/ti...
パーソナライズ・フィードに対する規制が修正一条違反かどうかをNetchoiceが争う資格がない（プラットフォームごとに機能が違うから、各社のアルゴリズムが「表現」的かどうかは個社ごとに判断するしかない）ということね？
epic.org/documents/ti...
Tiktok, Google & Meta v. Bonta
epic.org
November 4, 2026 at 3:27 PM
カリフォルニア州法SB976の予備的差止を争っているNetchoice v. Bontaに加えて、Meta,Google,TikTokが個別にSB976の予備的差止を争ってるみたいなんだけど、なんでこんな複雑なことになってんだと思ったら、あれか、Moody判決の法廷意見（さらにはバレット判事の同意意見）の影響か・・・
パーソナライズ・フィードに対する規制が修正一条違反かどうかをNetchoiceが争う資格がない（プラットフォームごとに機能が違うから、各社のアルゴリズムが「表現」的かどうかは個社ごとに判断するしかない）ということね？
epic.org/documents/ti...
パーソナライズ・フィードに対する規制が修正一条違反かどうかをNetchoiceが争う資格がない（プラットフォームごとに機能が違うから、各社のアルゴリズムが「表現」的かどうかは個社ごとに判断するしかない）ということね？
epic.org/documents/ti...
They are constitutional unless a court rules that they are not constitutional.
We already have a number of cases from SCOTUS that indicate that your proposal would be unconstitutional, including cases like Miami Herald v. Tornillo and Netchoice v. Moody.
We already have a number of cases from SCOTUS that indicate that your proposal would be unconstitutional, including cases like Miami Herald v. Tornillo and Netchoice v. Moody.
November 2, 2026 at 3:17 PM
They are constitutional unless a court rules that they are not constitutional.
We already have a number of cases from SCOTUS that indicate that your proposal would be unconstitutional, including cases like Miami Herald v. Tornillo and Netchoice v. Moody.
We already have a number of cases from SCOTUS that indicate that your proposal would be unconstitutional, including cases like Miami Herald v. Tornillo and Netchoice v. Moody.
The use of copyrighted material for training qualifies as permissible #FairUse under the Copyright Act and the general purposes of copyright as established in the Constitution. ccianet.org/news/2026/11... 2/2
CCIA Files Joint Amicus Brief in AI Training Copyright Case - CCIA
Washington – The Computer & Communications Industry Association co-filed a joint amicus brief along with NetChoice and Technet in a case involving OpenAI
ccianet.org
November 2, 2026 at 2:45 PM
The use of copyrighted material for training qualifies as permissible #FairUse under the Copyright Act and the general purposes of copyright as established in the Constitution. ccianet.org/news/2026/11... 2/2
Tech trade heavies @CCIAnet.com, @NetChoice.com + @TechNetUpdate.com have weighed in for @OpenAI noting AI training is fair use and dilution is not market harm: "training a generative AI model is among the most clearly transformative [lawful] uses" of © works. www.courtlistener.com/docket/6987...
Exhibit A - Amicus Curiae Br. of CCIA, NetChoice, and TechNet – #2429, Att. #1 in In Re: OpenAI, Inc. Copyright Infringement Litigation (S.D.N.Y., 1:25-md-03143) – CourtListener.com
LETTER MOTION to File Amicus Brief addressed to Judge Sidney H. Stein from Eric K. Nikolaides dated October 30, 2026. Document filed by Computer and Communications Industry Association, NetChoice, LLC, TechNet. (Attachments: # 1 Exhibit A - Amicus Curiae Br. of CCIA, NetChoice, and TechNet, # 2 Proposed Order ([Proposed] Order))Filed In Associated Cases: 1:25-md-03143-SHS-OTW et al..(Nikolaides, Eric) (Entered: 10/30/2026)
www.courtlistener.com
October 31, 2026 at 2:00 AM
Tech trade heavies @CCIAnet.com, @NetChoice.com + @TechNetUpdate.com have weighed in for @OpenAI noting AI training is fair use and dilution is not market harm: "training a generative AI model is among the most clearly transformative [lawful] uses" of © works. www.courtlistener.com/docket/6987...
Tech trade heavies @CCIAnet.com, @NetChoice.com + @TechNetUpdate.com have weighed in for @OpenAI noting AI training is fair use and dilution is not market harm: "training a generative AI model is among the most clearly transformative [lawful] uses" of © works. www.courtlistener.com/docket/6987...
Exhibit A - Amicus Curiae Br. of CCIA, NetChoice, and TechNet – #2429, Att. #1 in In Re: OpenAI, Inc. Copyright Infringement Litigation (S.D.N.Y., 1:25-md-03143) – CourtListener.com
LETTER MOTION to File Amicus Brief addressed to Judge Sidney H. Stein from Eric K. Nikolaides dated October 30, 2026. Document filed by Computer and Communications Industry Association, NetChoice, LLC, TechNet. (Attachments: # 1 Exhibit A - Amicus Curiae Br. of CCIA, NetChoice, and TechNet, # 2 Proposed Order ([Proposed] Order))Filed In Associated Cases: 1:25-md-03143-SHS-OTW et al..(Nikolaides, Eric) (Entered: 10/30/2026)
www.courtlistener.com
October 31, 2026 at 1:59 AM
Tech trade heavies @CCIAnet.com, @NetChoice.com + @TechNetUpdate.com have weighed in for @OpenAI noting AI training is fair use and dilution is not market harm: "training a generative AI model is among the most clearly transformative [lawful] uses" of © works. www.courtlistener.com/docket/6987...
Tech trade heavies @CCIAnet.com, @NetChoice.com + @TechNetUpdate.com have weighed in for @OpenAI noting AI training is fair use and dilution is not market harm: "training a generative AI model is among the most clearly transformative [lawful] uses" of © works. www.courtlistener.com/docket/6987...
Exhibit A - Amicus Curiae Br. of CCIA, NetChoice, and TechNet – #2429, Att. #1 in In Re: OpenAI, Inc. Copyright Infringement Litigation (S.D.N.Y., 1:25-md-03143) – CourtListener.com
LETTER MOTION to File Amicus Brief addressed to Judge Sidney H. Stein from Eric K. Nikolaides dated October 30, 2026. Document filed by Computer and Communications Industry Association, NetChoice, LLC, TechNet. (Attachments: # 1 Exhibit A - Amicus Curiae Br. of CCIA, NetChoice, and TechNet, # 2 Proposed Order ([Proposed] Order))Filed In Associated Cases: 1:25-md-03143-SHS-OTW et al..(Nikolaides, Eric) (Entered: 10/30/2026)
www.courtlistener.com
October 31, 2026 at 1:54 AM
Tech trade heavies @CCIAnet.com, @NetChoice.com + @TechNetUpdate.com have weighed in for @OpenAI noting AI training is fair use and dilution is not market harm: "training a generative AI model is among the most clearly transformative [lawful] uses" of © works. www.courtlistener.com/docket/6987...
COLUMN: Should social media platforms come with a warning? That question is at the heart of free-speech litigation by industry group NetChoice, which is challenging state laws that would require social media companies to warn minors about excessive use. @jgreenejenna.bsky.social reut.rs/4kohvK8
October 30, 2026 at 6:35 PM
COLUMN: Should social media platforms come with a warning? That question is at the heart of free-speech litigation by industry group NetChoice, which is challenging state laws that would require social media companies to warn minors about excessive use. @jgreenejenna.bsky.social reut.rs/4kohvK8
#Georgia #GeorgiaPolitics #GASen #GAGov #JonOssoff #MikeCollins #KeishaLanceBottoms #BurtJones #EchelonInsights #NetChoice #Election2026 #EarlyVoting #GAPol
October 30, 2026 at 12:58 PM
October 27, 2026 at 4:27 PM
New filing: "New York Times v. Microsoft (AI copyright lawsuit)"
Doc #1814-1: Exhibit A - Amicus Curiae Br. of CCIA, NetChoice, and TechNet
Download PDF | View Full Case
#CL68117049
Doc #1814-1: Exhibit A - Amicus Curiae Br. of CCIA, NetChoice, and TechNet
Download PDF | View Full Case
#CL68117049
October 31, 2026 at 3:13 AM
New filing: "New York Times v. Microsoft (AI copyright lawsuit)"
Doc #1814-1: Exhibit A - Amicus Curiae Br. of CCIA, NetChoice, and TechNet
Download PDF | View Full Case
#CL68117049
Doc #1814-1: Exhibit A - Amicus Curiae Br. of CCIA, NetChoice, and TechNet
Download PDF | View Full Case
#CL68117049
New filing: "Tremblay v. OpenAI (Book authors sue over AI training)"
Doc #903-1: Exhibit A - Amicus Curiae Br. of CCIA, NetChoice, and TechNet
Download PDF | View Full Case
#CL69950497
Doc #903-1: Exhibit A - Amicus Curiae Br. of CCIA, NetChoice, and TechNet
Download PDF | View Full Case
#CL69950497
October 31, 2026 at 1:33 AM
New filing: "Tremblay v. OpenAI (Book authors sue over AI training)"
Doc #903-1: Exhibit A - Amicus Curiae Br. of CCIA, NetChoice, and TechNet
Download PDF | View Full Case
#CL69950497
Doc #903-1: Exhibit A - Amicus Curiae Br. of CCIA, NetChoice, and TechNet
Download PDF | View Full Case
#CL69950497
So, who's taking on the quixotic task of filing amicus briefs for the en banc rehearing of CCIA & Netchoice v. Paxton?
UPDATE: 5th Cir. will rehear this case en banc. The panel decision is vacated.
Link: www.ca5.uscourts.gov/opinions/pub...
Link: www.ca5.uscourts.gov/opinions/pub...
5th Cir., 2-1, partially upholds the injunction blocking Texas' law requiring digital service providers to monitor and filter content for minors, but unblocks the law's targeted ads and age registration requirements.
Judge Ho dissents bc he hates CDA § 230.
www.ca5.uscourts.gov/opinions/pub...
Judge Ho dissents bc he hates CDA § 230.
www.ca5.uscourts.gov/opinions/pub...
October 29, 2026 at 12:46 AM
So, who's taking on the quixotic task of filing amicus briefs for the en banc rehearing of CCIA & Netchoice v. Paxton?
PACER says that CCIA, NetChoice and Students Engaged in Advancing Texas need to have their supplemental briefs filed by 30 December, which as I understand it sets the schedule for amicus briefs in their support. Presumably Wikimedia, EFF, the Texas ACLU, etc., who filed originally will do again?
October 30, 2026 at 8:22 PM
PACER says that CCIA, NetChoice and Students Engaged in Advancing Texas need to have their supplemental briefs filed by 30 December, which as I understand it sets the schedule for amicus briefs in their support. Presumably Wikimedia, EFF, the Texas ACLU, etc., who filed originally will do again?
New filing: "Daily News v. Microsoft (Newspapers sue OpenAI, Microsoft over AI training, outputs)"
Doc #1018-1: Exhibit A - Amicus Curiae Br. of CCIA, NetChoice, and TechNet
Download PDF | View Full Case
#CL68484432
Doc #1018-1: Exhibit A - Amicus Curiae Br. of CCIA, NetChoice, and TechNet
Download PDF | View Full Case
#CL68484432
October 31, 2026 at 3:13 AM
New filing: "Daily News v. Microsoft (Newspapers sue OpenAI, Microsoft over AI training, outputs)"
Doc #1018-1: Exhibit A - Amicus Curiae Br. of CCIA, NetChoice, and TechNet
Download PDF | View Full Case
#CL68484432
Doc #1018-1: Exhibit A - Amicus Curiae Br. of CCIA, NetChoice, and TechNet
Download PDF | View Full Case
#CL68484432
New filing: "Millette v. OpenAI (Proposed class sues OpenAI over training on YouTube content)"
Doc #427-1: Exhibit A - Amicus Curiae Br. of CCIA, NetChoice, and TechNet
Download PDF | View Full Case
#CL69921640
Doc #427-1: Exhibit A - Amicus Curiae Br. of CCIA, NetChoice, and TechNet
Download PDF | View Full Case
#CL69921640
October 31, 2026 at 3:12 AM
New filing: "Millette v. OpenAI (Proposed class sues OpenAI over training on YouTube content)"
Doc #427-1: Exhibit A - Amicus Curiae Br. of CCIA, NetChoice, and TechNet
Download PDF | View Full Case
#CL69921640
Doc #427-1: Exhibit A - Amicus Curiae Br. of CCIA, NetChoice, and TechNet
Download PDF | View Full Case
#CL69921640
New filing: "New York Times v. Microsoft (AI copyright lawsuit)"
Doc #1814-1: Exhibit A - Amicus Curiae Br. of CCIA, NetChoice, and TechNet
Download PDF | View Full Case
#CL68117049
Doc #1814-1: Exhibit A - Amicus Curiae Br. of CCIA, NetChoice, and TechNet
Download PDF | View Full Case
#CL68117049
October 31, 2026 at 3:13 AM
New filing: "New York Times v. Microsoft (AI copyright lawsuit)"
Doc #1814-1: Exhibit A - Amicus Curiae Br. of CCIA, NetChoice, and TechNet
Download PDF | View Full Case
#CL68117049
Doc #1814-1: Exhibit A - Amicus Curiae Br. of CCIA, NetChoice, and TechNet
Download PDF | View Full Case
#CL68117049
New filing: "New York Times v. Microsoft (AI copyright lawsuit)"
Doc #1814-1: Exhibit A - Amicus Curiae Br. of CCIA, NetChoice, and TechNet
Download PDF | View Full Case
#CL68117049
Doc #1814-1: Exhibit A - Amicus Curiae Br. of CCIA, NetChoice, and TechNet
Download PDF | View Full Case
#CL68117049
October 31, 2026 at 3:13 AM
New filing: "New York Times v. Microsoft (AI copyright lawsuit)"
Doc #1814-1: Exhibit A - Amicus Curiae Br. of CCIA, NetChoice, and TechNet
Download PDF | View Full Case
#CL68117049
Doc #1814-1: Exhibit A - Amicus Curiae Br. of CCIA, NetChoice, and TechNet
Download PDF | View Full Case
#CL68117049