The Computer & Communications Industry Association (CCIA), in collaboration with NetChoice, has submitted an amicus brief to the Ninth Circuit Court of Appeals. The brief is part of the case Republican National Committee (RNC) v. Google. It argues that email service providers, such as Gmail, exercise editorial discretion and curation protected by the First Amendment.
According to CCIA, email services are involved in protecting users from spam, fraud, and other unwanted content through their terms of service. This process involves editorial decisions similar to those made by social media platforms.
Stephanie Joyce, Senior Vice President, Chief of Staff, and Director of CCIA Litigation Center, stated: “Email services like Gmail make curatorial decisions in much the same way as websites and therefore deserve the same protections that the Supreme Court recently reiterated in Moody. Interference in those decisions—including via the claims brought in this lawsuit—warrants the same heightened scrutiny that applies when the government intrudes into the expressive activity of social media websites.”