Our nation has a rich history of respecting private businesses’ expressive rights, while acknowledging that sometimes their centrality to the operation of civic life requires that they be open to all on transparent terms. Texas’s endeavor to protect consumers from arbitrary or politically motivated censorship in “the most important places . . . for the exchange of views,”  is best understood in that light. Whether this early attempted solution proves optimal remains to be seen. But the Supreme Court has “long recognized the role of the States as laboratories for devising solutions to difficult legal problems.” Neither the First Amendment nor any act of Congress foreclose legislative efforts to address the growing challenge to our democracy posed by platform censorship.

Read the full amicus brief here.

Moms for Liberty and Institute for Free Speech Amici Brief, United States Fifth Circuit Court of Appeals (March 7, 2022)

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