Apple shouldn’t have to change its App Store rules to meet a court order in its everlasting lawsuit with Epic Games as this would violate Apple’s First Amendment rights.
This is the position of the Computer & Communications Industry Association (CCIA), alongside trade association NetChoice. They’ve filed an amicus brief supporting Apple’s appeal of US District Judge Yvonne Gonzales Rogers ruling that Apple failed to comply with an order she issued in 2021 after finding the company engaged in anticompetitive conduct in violation of California law.
As noted by AppleInsider, the brief says Apple’s free-speech rights are being curtailed by the sanctions. It argues that the First Amendment doesn’t allow government actors to direct private entities to “accommodate messages it would prefer to exclude,” such as a court order against Apple.
The amicus brief goes on to say that it’s also “more constitutionally offensive” for a company to deal with messaging that would “condemn” itself.” The CCIA (of which Apple is a member) and NetChoice are asking the court to consider the First Amendment implications of the injunction.
