Computer & Communication Industry Association
PublishedDecember 21, 2023

CCIA Joins Supreme Court Brief in “Jawboning” Case Supporting First Amendment Rights of Digital Services

Washington – The Computer & Communications Industry Association filed a joint “friend of the court” brief alongside NetChoice, Chamber of Progress, and Cato Institute in support of neither party in Supreme Court case Murthy v. Missouri, explaining that the government cannot, consistent with the First Amendment, coerce social media websites and other digital services into publishing or removing particular content.

CCIA and co-filers note the overlapping First Amendment questions between Murthy v. Missouri and pending Supreme Court cases Moody v. NetChoice & CCIA and NetChoice & CCIA v. Paxton, and explain that the government should not indirectly undermine digital services’ editorial rights to curate and disseminate content just as they should not explicitly do so by statute, as Florida and Texas have attempted to do.

CCIA has advocated for free speech online for more than 25 years. This includes the First Amendment right for private businesses to determine what material to display and offer to their communities.

The following can be attributed to CCIA Senior Vice President and Chief of Staff Stephanie Joyce:

“The First Amendment prohibits the government from enacting laws that compel particular speech from private actors or individuals, be it on paper or online. These fundamental protections are of no moment if the government is permitted to block or compel speech via coercion rather than by statute.”