Apple is pushing back against a court order stemming from its legal battle with Epic Games, calling the mandated changes to App Store policies “constitutionally offensive.” The company argues that complying with the order would violate its First Amendment rights by forcing it to host and promote messages it disagrees with.
The dispute centers on an injunction issued in 2021, which prohibits Apple from using anti-steering tactics to block developers from directing users to alternative payment methods. In April 2025, a federal court found Apple in violation of that order and imposed new sanctions. These include lifting restrictions on how developers link to external payment systems and banning fees for purchases made outside the App Store.
On June 24, Apple filed an appeal to the U.S. Court of Appeals for the Ninth Circuit, seeking to overturn what it called an “unduly punitive” mandate. The company claims the order compels it to disseminate speech it would otherwise reject, infringing on its editorial control of the App Store.
Apple’s Speech Argument Gains Industry Support
In support of Apple’s appeal, two industry groups: Computer & Communications Industry Association (CCIA) and NetChoice, filed a brief. The brief argues that the court order undermines Apple’s ability to manage content on its platform, thereby violating its right to free speech.
According to the CCIA, one section of the injunction requires Apple to allow any form of developer messaging related to external purchases, even if the messaging is misleading or critical of Apple. “The First Amendment does not permit courts to compel private companies to carry speech they would prefer to exclude,” the brief states. It further claims the order could force Apple to host advertisements promoting off-platform purchases at its own checkout pages.
Stephanie Joyce, CCIA’s Senior Vice President and head of litigation, emphasized the constitutional implications: “A court order forcing a party to speak in a prescribed way is just as problematic under the First Amendment as a law passed by a legislative body. The injunction against Apple contains restrictions on speech that deserve the most stringent review.”
Industry Ties Under Scrutiny
The CCIA represents several major tech firms, including Apple, Amazon, Google, and Meta. While Apple is a member, the group insists the company had no role in writing or funding the brief. “Apple neither authored the brief nor contributed financially to its preparation,” the filing states.
Epic Games is not a CCIA member, and the case continues to highlight deep divisions within the tech industry over app distribution rules, developer rights, and platform control.