Professor Kyle Langvardt’s article, Moody v. NetChoice is a Blow to Silicon Valley’s Litigation Strategy, was published in Lawfare.
In the article, Professor Langvardt, and co-author Professor Alan Rozenshtein, break down the Supreme Court's decision in Moody v. NetChoice. This case involved First Amendment challenges to statutes in Florida and Texas that regulate social media platforms' content moderation practices. On the surface, the Court stalled, saying that both cases were complicated and that there was not yet an adequate record to determine whether the laws were constitutional or not. This indecision is significant because much of Silicon Valley's litigation strategy is built on quick and decisive wins.
