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2025-01-22 13:00:00

2 Credits

Content moderation is protected speech. Learn how *Moody v. NetChoice* shapes platform regulation and First Amendment rights.

2025-01-22 13:00:00

Content moderation is protected speech. Learn how *Moody v. NetChoice* shapes platform regulation and First Amendment rights.

2025-01-22 13:00:00

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Key topics that will be covered

What will you learn

Attorneys will learn how the Supreme Court's Moody decision established that social media platforms' content moderation practices constitute protected First Amendment expression.

What will you gain

Attorneys will gain understanding of permissible state regulation approaches including competition laws and data privacy rules that avoid First Amendment conflicts.

Platform Rights
Content moderation and curation choices by social media platforms receive First Amendment protection.
State Interests
Texas’s goal of ideological balance cannot justify restricting platform expression under any scrutiny level.
Key Precedents
Miami Herald, Pacific Gas, Turner Broadcasting, and Hurley cases support digital editorial freedom.
Permitted Regulation
States may still regulate platforms through competition laws and data privacy requirements.
Facial Challenges
Courts must analyze a law’s full applications before ruling on facial constitutional challenges.
Open Questions
Automated feeds, direct messages, and foreign-owned platforms remain unresolved after Moody decision.

What will you learn

Attorneys will learn how the Supreme Court's Moody decision established that social media platforms' content moderation practices constitute protected First Amendment expression.

What will you gain

Attorneys will gain understanding of permissible state regulation approaches including competition laws and data privacy rules that avoid First Amendment conflicts.

Agenda

Session 1

Case Background and State Efforts to Regulate Speech

Session 2

Supreme Court's Key Holdings in Moody Decision

Session 3

Digital Editorial Freedom and First Amendment Protections

Session 4

Permissible State Regulation of Social Media Platforms

Session 5

Break

Session 6

Narrow Scope of the Core First Amendment Holding

Session 7

Open Questions Left for Future Cases and Regulations

Session 8

Current Status of NetChoice Cases on Remand

Session 9

What's Next: Emerging Platform Regulation Challenges

clock 1:00 pm - 1:15 pm EST

Case Background and State Efforts to Regulate Speech

Aaron Mackey

Electronic Frontier Foundation

Molly Buckley

Electronic Frontier Foundation

This session explores the origins of the Florida and Texas statutes that sought to limit how social media platforms moderate user-generated content. Learn how these laws emerged from concerns about alleged censorship of conservative viewpoints and the specific provisions each state enacted.

Aaron Mackey

Electronic Frontier Foundation

Molly Buckley

Electronic Frontier Foundation

clock 1:15 pm - 1:30 pm EST

Supreme Court's Key Holdings in Moody Decision

Aaron Mackey

Electronic Frontier Foundation

Molly Buckley

Electronic Frontier Foundation

Examine the Supreme Court’s landmark rulings establishing that content moderation is protected First Amendment expression. Discover why Texas’s stated interest in ideological balance failed under any level of scrutiny, and understand the court’s decision to remand for proper facial challenge analysis.

Aaron Mackey

Electronic Frontier Foundation

Molly Buckley

Electronic Frontier Foundation

clock 1:30 pm - 1:45 pm EST

Digital Editorial Freedom and First Amendment Protections

Aaron Mackey

Electronic Frontier Foundation

Molly Buckley

Electronic Frontier Foundation

Dive deep into how platforms exercise editorial discretion through policies, algorithms, and moderation actions. This session connects platform curation to established precedents like Miami Herald v. Tornillo, Hurley, and Turner Broadcasting that protect editorial judgment.

Aaron Mackey

Electronic Frontier Foundation

Molly Buckley

Electronic Frontier Foundation

clock 1:45 pm - 2:00 pm EST

Permissible State Regulation of Social Media Platforms

Aaron Mackey

Electronic Frontier Foundation

Molly Buckley

Electronic Frontier Foundation

Explore the boundaries of platform regulation that remain constitutionally viable after Moody. Learn how states can still address legitimate concerns through competition laws, data privacy regulations, and consumer protections without implicating First Amendment rights.

Aaron Mackey

Electronic Frontier Foundation

Molly Buckley

Electronic Frontier Foundation

clock 2:00 pm - 2:10 pm EST

Break

Aaron Mackey

Electronic Frontier Foundation

Molly Buckley

Electronic Frontier Foundation

A short intermission to refresh before continuing with the remaining sessions. Use this time to reflect on the key holdings discussed so far.

Aaron Mackey

Electronic Frontier Foundation

Molly Buckley

Electronic Frontier Foundation

clock 2:10 pm - 2:25 pm EST

Narrow Scope of the Core First Amendment Holding

Aaron Mackey

Electronic Frontier Foundation

Molly Buckley

Electronic Frontier Foundation

Understand why the Supreme Court’s binding First Amendment analysis applies narrowly to compiling and curating feeds of user-generated speech. This session clarifies what the decision definitively establishes versus what remains undecided.

Aaron Mackey

Electronic Frontier Foundation

Molly Buckley

Electronic Frontier Foundation

clock 2:25 pm - 2:40 pm EST

Open Questions Left for Future Cases and Regulations

Aaron Mackey

Electronic Frontier Foundation

Molly Buckley

Electronic Frontier Foundation

Examine the significant questions the Court explicitly declined to resolve, including whether fully automated feeds constitute protected expression. Explore uncertainties around direct messages, ride-sharing services, and foreign-owned platforms that await future litigation.

Aaron Mackey

Electronic Frontier Foundation

Molly Buckley

Electronic Frontier Foundation

clock 2:40 pm - 2:55 pm EST

Current Status of NetChoice Cases on Remand

Aaron Mackey

Electronic Frontier Foundation

Molly Buckley

Electronic Frontier Foundation

Review where the Florida and Texas cases stand following the Supreme Court’s remand for proper facial challenge analysis. Track the procedural developments including amended complaints, motions to dismiss, and upcoming summary judgment hearings.

Aaron Mackey

Electronic Frontier Foundation

Molly Buckley

Electronic Frontier Foundation

clock 2:55 pm - 3:10 pm EST

What's Next: Emerging Platform Regulation Challenges

Aaron Mackey

Electronic Frontier Foundation

Molly Buckley

Electronic Frontier Foundation

Survey the active litigation landscape including age verification laws and social media access restrictions for minors. Analyze how states continue enacting laws that test First Amendment boundaries despite the Moody framework.

Aaron Mackey

Electronic Frontier Foundation

Molly Buckley

Electronic Frontier Foundation

01 09
Prev
Next

speakers

Joe Ervin

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Kevin Foley

Reminger Co
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Grant H. Lawson

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Aaron Mackey

Electronic Frontier Foundation

Molly Buckley

Electronic Frontier Foundation

Aaron Mackey

Electronic Frontier Foundation

Aaron litigates free speech, anonymity, privacy, government surveillance and transparency cases at EFF. Before joining EFF, he worked on speech, privacy, and freedom of information issues at the Reporters Committee for Freedom of the Press and the Institute for Public Representation at Georgetown Law.

Education & Credentials

J.D. from Berkeley Law; LLM from Georgetown Law; B.A. in journalism and English from the University of Arizona.

Experience

Joined EFF in 2015. Previously worked at the Reporters Committee for Freedom of the Press and the Institute for Public Representation at Georgetown Law in Washington, D.C. While a law student, worked for EFF in the Samuelson Law, Technology & Public Policy Clinic. Prior to law school, was a journalist at the Arizona Daily Star in Tucson, Arizona.

Aaron Mackey

Electronic Frontier Foundation

Aaron litigates free speech, anonymity, privacy, government surveillance and transparency cases at EFF. Before joining EFF, he worked on speech, privacy, and freedom of information issues at the Reporters Committee for Freedom of the Press and the Institute for Public Representation at Georgetown Law.

Education & Credentials

J.D. from Berkeley Law; LLM from Georgetown Law; B.A. in journalism and English from the University of Arizona.

Experience

Joined EFF in 2015. Previously worked at the Reporters Committee for Freedom of the Press and the Institute for Public Representation at Georgetown Law in Washington, D.C. While a law student, worked for EFF in the Samuelson Law, Technology & Public Policy Clinic. Prior to law school, was a journalist at the Arizona Daily Star in Tucson, Arizona.

Molly Buckley

Electronic Frontier Foundation

Molly Buckley is a Legal Fellow on EFF’s civil liberties team, where she works on free speech, privacy, censorship, and surveillance issues.

Education & Credentials

J.D. from the University of Texas School of Law; B.A. in media studies and political science from Vassar College.

Recognition & Leadership

National Security Law Fellow with the Strauss Center for International Security and Law.

Professional Involvement

Vice President of the Human Rights Law Society; elected bargaining representative of the ACLU Support Staff Union.

Experience

During law school, interned at EFF and at the Brennan Center for Justice's Liberty and National Security program, and worked on disability and workers' rights issues as a student attorney in UT's Advanced Civil Rights and Transnational Workers' Rights Clinics. Previously was a paralegal in the ACLU's National Security Project and program assistant to the Social Science Research Council's Anxieties of Democracy program.

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Why this 
program matters

Understanding First Amendment protections for digital platform content moderation is essential for attorneys navigating an evolving legal landscape where state regulations, platform litigation, and constitutional rights intersect.
2k+
Active social media lawsuits are currently pending against major platforms including Meta in federal MDL and state courts.
42
State attorneys general filed coordinated lawsuits against Meta in 2023, alleging the company designed addictive features harming children’s mental health.
45+
States have introduced at least 300 pieces of legislation regulating social media and children in 2025 legislative sessions.
72%
Of Americans believe it is acceptable for social media platforms to remove inaccurate information about public health issues.

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