On December 7th, Daphne Keller of the Program on Platform Regulation filed an amicus "friend of the court" brief in the NetChoice Supreme Court case(s), opposing the Texas and Florida laws that effectively force platforms to carry hate speech, disinformation, etc., on behalf of Francis Fukuyama, Olivier Nomellini Senior Fellow at the Freeman Spogli Institute for International Studies and Director of the Ford Dorsey Master's in International Policy. Daphne Keller wrote the brief along with Jack Balkin and the MFIA tech law clinic at Yale Law school.

The brief is in support of the plaintiffs in the case, two trade associations, NetChoice and CCIA.  It argues that while the states claim to be protecting online speech against the power of private platforms, what they are actually doing is seizing that power for themselves and imposing the legislators' preferred rules for speech online. It builds on Keller's earlier critiques of the law, arguing that while the states claim to be protecting online speech against the power of private platforms, what they are actually doing is seizing that power for themselves and imposing the legislators' preferred rules for speech online.