Legal director Sandeep Vaheesan and policy counsel Tara Pincock encourage the public to support the fight of the red states in bringing an important antitrust cause to the Supreme Court.

On Monday, the Supreme Court will hear oral arguments in NetChoice v. Paxton and its companion case, Moody v. NetChoice. NetChoice is a trade association that represents internet platforms such as Facebook, Google, and Twitter—some of the biggest names in Silicon Valley. With a party like this, the case is bound to be pivotal for the many millions of users of digital services. Sure enough, while the debate at the center of the suit may seem abstruse at first, it could determine whether Big Tech platforms operate fairly for all who use them.

NetChoice sued Texas and Florida to block state laws that were enacted to restrict social media networks’ ability to suspend or otherwise marginalize users. According to NetChoice, the laws violate these companies’ First Amendment rights and, therefore, should be struck down as unconstitutional.

The Open Markets Institute, where we work, filed an amicus brief in support of the states. Those who are familiar with the organization may be surprised by our siding with two conservative state governments. We, however, believe that the underlying question of whether states and the federal government have the authority to regulate social media and other internet platforms as common carriers is critical. If the Supreme Court decides in favor of Big Tech platforms by ruling that they cannot be designated and managed as common carriers, it will take essential regulatory tools away from the government.

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