A trade group argues that Apple should not have to modify its App Store policies in response to a court order stemming from the Epic Games lawsuit, citing violations of Apple’s First Amendment rights. The ongoing legal battle saw the court impose sanctions on Apple for failing to comply with a 2021 injunction that aimed to eliminate anti-steering practices for third-party businesses. The court’s sanctions required Apple to implement several changes. These included not charging fees for purchases made outside of the app and allowing developers greater freedom in promoting alternative payment options.
However, Apple strongly disagreed with the ruling, agreeing to comply but indicating its intention to appeal the decision. In June, Apple filed a request with the 9th Circuit Court to overturn what it deems an “unduly punitive” mandate. To support its appeal, the Computer & Communications Industry Association (CCIA), along with the trade group NetChoice, submitted an amicus brief. The brief contends that the sanctions infringe upon Apple’s free-speech rights by restricting how the company can respond to developer-created content within apps.
For instance, an injunction mandates that Apple must allow “any and all developer speech,” even if it is misleading or disparaging to Apple, in relation to external purchase links. The CCIA’s brief emphasizes that the First Amendment prohibits government actors from compelling private companies to broadcast undesirable messages. It stresses that the restrictions imposed upon Apple by the injunction warrant rigorous judicial scrutiny, as forcing a party to communicate in a certain manner undermines the essence of free speech rights. Additionally, while submitting an amicus brief is common, the involvement of the CCIA reflects its relationship with Apple, a notable member of the organization.
The brief clarifies that Apple did not contribute financially to its preparation.
Leave a Reply