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Motion for leave to file brief amicus - Proof of Service

Document NetChoice, LLC, dba NetChoice, et al., Applicants v. Ken Paxton, Attorney General of Texas, 21A720, Motion for leave to file brief amicus, Proof of Service (U.S. May. 17, 2022)
No. 21A720 In the Supreme Court of the United States
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Motion for Leave to File Brief Amicus - Main Document

Document NetChoice, LLC, dba NetChoice, et al., Applicants v. Ken Paxton, Attorney General of Texas, 21A720, Motion for Leave to File Brief Amicus, Main Document (U.S. May. 17, 2022)
With no valid justification to back HB 20’s disclosure mandates, then, none of them should have survived any degree of constitutional scrutiny.
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Motion for Leave to File Brief Amici - Proof of Service

Document NetChoice, LLC, dba NetChoice, et al., Applicants v. Ken Paxton, Attorney General of Texas, 21A720, Motion for Leave to File Brief Amici, Proof of Service (U.S. May. 17, 2022)
No. 21A720 In the Supreme Court of the United States
NetChoice, L.L.C., d/b/a NetChoice, and Computer & Communications Industry Association, d/b/a CCIA, Applicants,
Ken Paxton, in his official capacity as Attorney General of Texas, Respondent.
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Motion for Leave to File Amicus Curiae - Main Document

Document NetChoice, LLC, dba NetChoice, et al., Applicants v. Ken Paxton, Attorney General of Texas, 21A720, Motion for Leave to File Amicus Curiae, Main Document (U.S. May. 17, 2022)
It concludes by urging that the District Court’s injunction preserving the status quo be maintained in order to ensure that, before this proposed State regulation of speech with dramatic and sweeping First Amendment implications is allowed to take effect, the fundamental and vitally important issues it raises are subjected to full appellate review.
Contrary to Texas’ distortion of the District Court’s decision, the application of this bedrock principle is not dependent on the speaker being a newspaper (Tornillo ),6 a parade (Hurley), an electric utility (PG&E),7 or even a registered sex offender (McLendon v. Long).8 The First Amendment protects all persons from government-compelled speech.
As Chief Justice Roberts has observed, “some of this Court’s leading First Amendment precedents have established the principle that freedom of speech prohibits the government from telling people what they must say.” Rumsfeld v. Forum for Academic and Institutional Rights, 547 U.S. 47, 61 (2006).
Instead, HB20 uses the heavy hand of the State to require platforms to “take all comers.” Far from the “variety” of internet services that §230(a)(3) envisions as the best route to a “true diversity of political discourse, unique opportunities for cultural development, and myriad avenues for intellectual activity,” HB20 means that online communities are no longer able to set and enforce their own standards.
11 As Rep. White observed during debate on §230: “There is no way that any of those entities, like Prodigy, can take the responsibility [for all of the] information that is going to be coming into them from all manner of sources.” 141 CONG. REC. H8471; id. (statement of Rep. Goodlatte) (emphasizing importance of not requiring platforms to review users’ content, calling that imposition “wrong”).
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Motion for Leave to File Brief Amici - Proof of Service

Document NetChoice, LLC, dba NetChoice, et al., Applicants v. Ken Paxton, Attorney General of Texas, 21A720, Motion for Leave to File Brief Amici, Proof of Service (U.S. May. 17, 2022)
IN THE SUPREME COURT OF THE UNITED STATES No. 21A720 NETCHOICE LLC D/B/A NETCHOICE; AND COMPUTER AND COMMUNICATIONS INDUSTRY ASSOCIATION D/B/A CCIA, Applicants, v. KEN PAXTON, IN HIS OFFICIAL CAPACITY AS ATTORNEY GENERAL OF TEXAS, Respondent.
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Motion for Leave to File Amicus Curiae - Proof of Service

Document NetChoice, LLC, dba NetChoice, et al., Applicants v. Ken Paxton, Attorney General of Texas, 21A720, Motion for Leave to File Amicus Curiae, Proof of Service (U.S. May. 17, 2022)
Supreme Court of the United States
I, Tod Cohen, a member of the bar of this Court, hereby certify that, on this 17th day of May 2022, all parties required by the Rules of this Court to be served have been served.
Copies of the Brief of Professor Eric Goldman as Amicus Curiae In Support of Applicants were deposited with the U.S.
Postal Service, for delivery to counsel on the attached service list.
An electronic copy has also been sent.
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Motion for Leave to File Brief Amicus - Other

Document NetChoice, LLC, dba NetChoice, et al., Applicants v. Ken Paxton, Attorney General of Texas, 21A720, Motion for Leave to File Brief Amicus, Other (U.S. May. 17, 2022)
Supreme Court of the United States
As required by Supreme Court Rule 33.1(h), I certify that, excluding the parts of the document that are exempted by Supreme Court Rule 33.1(d), the brief contains 5390 words and the motion contains 445 words.
I declare under penalty of perjury that the foregoing is true and correct.
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Motion for Leave to File Brief Amici - Main Document

Document NetChoice, LLC, dba NetChoice, et al., Applicants v. Ken Paxton, Attorney General of Texas, 21A720, Motion for Leave to File Brief Amici, Main Document (U.S. May. 17, 2022)
Particularly in the online context, the ease of posting and reproducing content means that, absent content moderation policies, platforms would be overrun with lawful but nonetheless awful, irrelevant, low-quality, and nuisance content.
Platforms accordingly moderate an array of content that, although not unlawful, could nonetheless be extremely dangerous for impressionable users, including content pro- moting eating disorders, practices of self-mutilation, and even ...
Rather, a decision to remove a user from a platform who re- sides an ocean away from Texas would nonetheless appear to violate the straightforward text of the Texas law.
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Motion for Leave to File Amicus Curiae - Proof of Service

Document NetChoice, LLC, dba NetChoice, et al., Applicants v. Ken Paxton, Attorney General of Texas, 21A720, Motion for Leave to File Amicus Curiae, Proof of Service (U.S. May. 17, 2022)
In the Supreme Court of the United States
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Motion for Leave to File Brief Amicus - Proof of Service

Document NetChoice, LLC, dba NetChoice, et al., Applicants v. Ken Paxton, Attorney General of Texas, 21A720, Motion for Leave to File Brief Amicus, Proof of Service (U.S. May. 17, 2022)
No. 21A720 CERTIFICATE OF SERVICE Counsel for Respondent Counsel for Applicants Supreme Court of the United States IN THE NETCHOICE,LLC D/B/A NETCHOICE; AND COMPUTER AND COMMUNICATIONS INDUSTRY ASSOCIATION D/B/A CCIA, Applicants, v.
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Motion for leave to file brief amicus - Main Document

Document NetChoice, LLC, dba NetChoice, et al., Applicants v. Ken Paxton, Attorney General of Texas, 21A720, Motion for leave to file brief amicus, Main Document (U.S. May. 17, 2022)
Yet none of this statutory protection comes at the cost of people hosting parties losing their constitutionally-protected associative freedom to decide whom to 20 The Stratton Oakmont v. Prodigy case, 1995 WL 323710 (N.Y. Sup. Ct.
Yet none of that seriousness obviates this general statutory rule protecting platforms from liability arising from how they facilitate others' expression or moderate.
But none of these platforms could exist to support the Copia Institute's expressive business were it not for the First Amendment and Section 230 enabling them to provide these services.
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Motion for Leave to File Amicus Curiae - Other

Document NetChoice, LLC, dba NetChoice, et al., Applicants v. Ken Paxton, Attorney General of Texas, 21A720, Motion for Leave to File Amicus Curiae, Other (U.S. May. 17, 2022)

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Motion for Leave to File Brief Amici - Other

Document NetChoice, LLC, dba NetChoice, et al., Applicants v. Ken Paxton, Attorney General of Texas, 21A720, Motion for Leave to File Brief Amici, Other (U.S. May. 17, 2022)

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Motion for Leave to File Brief Amici - Other

Document NetChoice, LLC, dba NetChoice, et al., Applicants v. Ken Paxton, Attorney General of Texas, 21A720, Motion for Leave to File Brief Amici, Other (U.S. May. 17, 2022)

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Motion for Leave to File Brief Amicus - Other

Document NetChoice, LLC, dba NetChoice, et al., Applicants v. Ken Paxton, Attorney General of Texas, 21A720, Motion for Leave to File Brief Amicus, Other (U.S. May. 17, 2022)

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