NCLA Site Search

Amicus Briefs

Eugene Volokh, et al. v. Letitia James, Att’y-General, in her Official Capacity

CASE SUMMARY

A New York state law would force social media companies to create and display a policy on their websites detailing how they will respond to “hate speech” on their platforms. NCLA filed an amicus curiae brief calling on the U.S. Court of Appeals for the Second Circuit to uphold a lower court’s decision prohibiting the enforcement of this law.

Passed in 2022, N.Y. Gen. Bus. Law § 394-CCC requires social media networks—who operate platforms that allow users to publicly share content—to develop a mechanism for flagging “hateful conduct” and a procedure for how they will respond to complaints of such activity. The Framers carefully designed the First Amendment to protect against any abridgement of the freedom of speech, and New York’s law does just that. In fact, the statute violates the First Amendment by compelling social media networks to endorse the State’s beliefs, mandating that they publish a “hate speech” policy in line with the New York government’s specific definition of “hateful conduct.”

OUR TEAM

Kaitlyn Schiraldi
Staff Attorney

RELEVANT MATERIALS

NCLA FILINGS

Brief of the New Civil Liberties Alliance as Amicus Curiae in Support of Plaintiffs-Appellees

September 26, 2023 | Read More

PRESS RELEASES

NCLA Amicus Brief Asks Appeals Court to Nix NY Law Dictating Social Media Sites’ Speech Policies

September 27, 2023 | Read More

NCLA Amicus Brief Asks Appeals Court to Nix NY Law Dictating Social Media Sites’ Speech Policies

September 27, 2023 | Read More

RELATED CASES
  • American Securities Association and Citadel Securities LLC v. United States Securities and Exchange Commission

    Administrative Speech Controls

    The Administrative State tries to squelch speech, especially through licensing, speech bans, and speech mandates. Licensing requires one to get the government’s permission prior to speaking. Nothing was more clearly forbidden by the First Amendment than prior restraints on speech, but such controls are now commonplace.

    Conditions on Spending

    Administrative agencies use unconstitutional conditions on spending to regulate the conduct of grantees. Rather than rule through law, the government simply purchases submission.

    Due Process Violations

    The due process of law guarantees a right to be held to account only through the processes of an impartial court—something administrative tribunals violate every day.

    Scope of Authority / Nondelegation

    The structure of the Constitution allows only Congress to legislate, only the Executive to enforce laws, and only the Judiciary to decide cases. But the Administrative State evades the Constitution’s avenues of governance when executive agencies issue regulations without statutory authorization from Congress.

    Unreasonable Searches

    The Fourth Amendment forbids warrantless searches and seizures of information, yet the Administrative State violates this right to privacy through administrative subpoenas and warrants, automated information collection devices, civil investigative demands, and “voluntary” requests for information.

    Case Active - February 15, 2024

    Agencies: Securities and Exchange Commission

    View Case
  • Americans for Prosperity Foundation v. Rob Bonta, Attorney General of California

    Administrative Speech Controls

    The Administrative State tries to squelch speech, especially through licensing, speech bans, and speech mandates. Licensing requires one to get the government’s permission prior to speaking. Nothing was more clearly forbidden by the First Amendment than prior restraints on speech, but such controls are now commonplace.

    Case Closed - July 1, 2021

    Agencies: California Attorney General

    View Case
  • Mario Cerame, et al. v. Michael Bowler, in his official capacity as Connecticut Statewide Bar Counsel, et al.

    Administrative Speech Controls

    The Administrative State tries to squelch speech, especially through licensing, speech bans, and speech mandates. Licensing requires one to get the government’s permission prior to speaking. Nothing was more clearly forbidden by the First Amendment than prior restraints on speech, but such controls are now commonplace.

    Case Active - November 10, 2021

    Agencies: Connecticut Statewide Bar Counsel

    View Case
  • Mark Changizi, et al. v. Department of Health and Human Services, et al.

    Administrative Speech Controls

    The Administrative State tries to squelch speech, especially through licensing, speech bans, and speech mandates. Licensing requires one to get the government’s permission prior to speaking. Nothing was more clearly forbidden by the First Amendment than prior restraints on speech, but such controls are now commonplace.

    Due Process Violations

    The due process of law guarantees a right to be held to account only through the processes of an impartial court—something administrative tribunals violate every day.

    Scope of Authority / Nondelegation

    The structure of the Constitution allows only Congress to legislate, only the Executive to enforce laws, and only the Judiciary to decide cases. But the Administrative State evades the Constitution’s avenues of governance when executive agencies issue regulations without statutory authorization from Congress.

    Case Active - March 24, 2022

    Agencies: Department of Health and Human Services

    View Case
  • RMS of Georgia, LLC D/B/A Choice Refrigerants v. U.S. Environmental Protection Agency, et al.

    Administrative Speech Controls

    The Administrative State tries to squelch speech, especially through licensing, speech bans, and speech mandates. Licensing requires one to get the government’s permission prior to speaking. Nothing was more clearly forbidden by the First Amendment than prior restraints on speech, but such controls are now commonplace.

    Scope of Authority / Nondelegation

    The structure of the Constitution allows only Congress to legislate, only the Executive to enforce laws, and only the Judiciary to decide cases. But the Administrative State evades the Constitution’s avenues of governance when executive agencies issue regulations without statutory authorization from Congress.

    Case Closed -

    Agencies: Environmental Protection Agency

    View Case
  • RMS of Georgia, LLC D/B/A Choice Refrigerants v. Environmental Protection Agency and Michael S. Regan

    Administrative Speech Controls

    The Administrative State tries to squelch speech, especially through licensing, speech bans, and speech mandates. Licensing requires one to get the government’s permission prior to speaking. Nothing was more clearly forbidden by the First Amendment than prior restraints on speech, but such controls are now commonplace.

    Scope of Authority / Nondelegation

    The structure of the Constitution allows only Congress to legislate, only the Executive to enforce laws, and only the Judiciary to decide cases. But the Administrative State evades the Constitution’s avenues of governance when executive agencies issue regulations without statutory authorization from Congress.

    Case Active - September 14, 2023

    Agencies: Environmental Protection Agency

    View Case

SHARE THIS CASE

Enter your email address above to be notified whenever we post a new document to this case.