The Cato Institute recently filed a Supreme Court amicus brief in Moody v. NetChoice and NetChoice v. Paxton, cases challenging Florida and Texas state laws barring major social media firms from using most types of content moderation. Although I serve as the B. Kenneth Simon Chair in Constitutional Studies at Cato (in addition to my primary job as a law professor at George Mason University), I was not involved in writing this brief. But I very much agree with the points made by my colleagues Thomas Berry and Anastasia Boden. They urge the Court to, if necessary, overrule its badly misguided 1980 decision in Pruneyard Shopping Center v. Robins. Here is their summary of the brief:
