Litigation to Protect Online Speech
CCIA and NetChoice stopped the Texas and Florida “must-carry” statutes from becoming effective and are taking these challenges to the U.S. Supreme Court, which already has granted emergency relief.
CCIA and NetChoice are co-Plaintiffs in two federal lawsuits — Paxton and Moody — challenging Texas HB 20 and Florida SB 7072 that would force digital service companies to display third-party content and make regular disclosures of their content management policies, practice, and instances of use. These statutes would prevent digital services from exercising their First Amendment right to determine what, when, and how to display content. Lawmakers in both states openly announced that their intent is to “rein in” digital service companies in retaliation for perceived anti-conservative bias.
Summary
CCIA and NetChoice jointly petitioned the Supreme Court to review the Fifth Circuit’s 2-1 decision in NetChoice & CCIA v. Paxton to allow Texas HB 20, another content moderation law, to go into effect despite a lower court’s decision that the statute violates the First Amendment. The three-judge panel later decided to stay its own decision pending the request for certiorari; this was the same panel that had forced CCIA and NetChoice to obtain emergency injunctive relief from the Supreme Court in May 2022.
On the final day of the term, which stretched to July 1, 2024, the Supreme Court held that both cases must return to lower courts for decision on the scope and application of TX HB 20 and FL SB 7072. But the Court also held that the First Amendment protects online speech and editorial decisions from governmental intrusion. The Court agreed that, as we have argued throughout these cases, states cannot dictate what social media applications and websites may display. As Justice Kagan wrote for the majority, “a State may not interfere with private actors’ speech to advance its own vision of ideological balance.”
Statements
- CCIA, NetChoice File Lawsuit Against Unconstitutional Texas Social Media Law
- CCIA, NetChoice Request Preliminary Injunction Against Unconstitutional Texas Social Media Law
- CCIA, NetChoice Ask To Block Texas Social Media Law From Taking Effect During Appeal
- Texas Judge Blocks Unconstitutional Texas Social Media Law
- Federal Appeals Court Issues Order Allowing Texas’s Social Media Law To Take Effect While Still Under Appeal
- CCIA Files Emergency Brief Asking Supreme Court To Halt Texas Social Media Law
- CCIA Welcomes Support From Diverse Group of 38 Organizations and Experts in Continued Effort to Halt Unconstitutional Texas Social Media Law
- CCIA, NetChoice File Supreme Court Reply Brief On First Amendment Issues In Texas Social Media Case
- Supreme Court Pauses Texas Social Media Law Ahead Of Lower Court Reviewing Constitutional Concerns
- Federal Appellate Court Grants Request To Keep Texas Social Media Law On Hold
- CCIA, NetChoice Petition Supreme Court To Hear Texas Social Media Case
- CCIA, NetChoice File Supreme Court Reply Brief In Texas Social Media Case
- Supreme Court To Consider Hearing Florida, Texas Social Media Laws Friday
- Supreme Court Asks For Views Of Biden Justice Department In Florida, Texas Social Media Cases
- CCIA Statement As Solicitor General Asks SCOTUS To Review Texas, Florida Social Media Laws
- CCIA Again Asks Supreme Court To Review Texas, Florida Social Media Laws
- Supreme Court To Hear Challenges To Texas, Florida Social Media Laws
- CCIA Files Supreme Court Briefs Demonstrating that Florida, Texas Social Media Laws Violate the First Amendment
- CCIA Files Supreme Court Reply Briefs Showing How Florida, Texas Social Media Laws Violate the First Amendment
- Supreme Court Announces Oral Argument Dates in Landmark First Amendment Cases
- Supreme Court Heard Arguments Today Explaining Why Florida, Texas Social Media Laws Violate the First Amendment
- Supreme Court Issues Ruling in CCIA, NetChoice Challenge to Florida, Texas Social Media Laws
- CCIA Re-Files Its Complaint to Strike Texas HB20 as an Unconstitutional Restraint of Free Speech
Filings
- CCIA/NetChoice Paxton HB20 Complaint
- CCIA/NetChoice Paxton HB20 Motion for Preliminary Injunction
- CCIA/NetChoice Paxton HB20 Fifth Circuit Brief
- CCIA/NetChoice Paxton HB20 Supreme Court Vacatur Application
- CCIA/NetChoice Paxton HB20 Reply in Support of Emergency Application
- CCIA/NetChoice Paxton HB20 Petition for Writ of Certiorari
- CCIA/NetChoice Paxton HB20 Supreme Court Certiorari Reply Brief
- CCIA/NetChoice Paxton HB20 Supreme Court Supplemental Brief
- CCIA/NetChoice Paxton HB20 Supreme Court Merits Brief
- CCIA/NetChoice Paxton HB20 Supreme Court Merits Reply Brief
- CCIA/NetChoice Paxton HB20 CA5 Motion for Supplemental Briefing Post Remand
State
Texas
Timeline
September 2021
CCIA and NetChoice filed suit against the Texas Attorney General over HB 20, arguing it was unconstitutional under the First Amendment, Commerce Clause, Due Process Clause, Full Faith & Credit Clause, Equal Protection Clause, and preempted by Section 230.
December 2021
A Texas federal district court enjoined most of HB 20 based on First Amendment concerns.
May 2022
In an unexplained one-sentence order, a split panel of the Fifth Circuit appeals court reversed that decision, issuing an order to make HB 20 effective. A petition for emergency relief was then filed with the U.S. Supreme Court, asking that the injunction against HB 20 be reinstated. The Supreme Court granted that relief.
October 2022
The Fifth Circuit agreed to keep HB 20 from taking effect pending Supreme Court review.
December 2022
CCIA and NetChoice asked the Supreme Court of the United States to hear the case in order to strike down HB 20 and resolve the circuit split between Texas and Florida.
January 2023
The Supreme Court invited the Solicitor General to file a brief in the cases expressing the views of the United States.
August 2023
The U.S. Solicitor General responded to a Supreme Court request to weigh in, agreeing that this requires Supreme Court review.
September 2023
The Supreme Court agreed to hear the case.
July 2024
Supreme Court ruled in Moody/Paxton that the First Amendment protects online speech and editorial discretion and that TX HB20 likely violates the First Amendment.
September 2024
CCIA and NetChoice filed a Supplemental Brief at the Court of Appeals for the Fifth Circuit.
November 2024
The Fifth Circuit sends the HB20 challenge back to the U.S. District Court for the Western District of Texas.
January 2025
CCIA and NetChoice filed an Amended Complaint adding an as-applied challenge and responding to the Supreme Court’s analysis of the facial challenge in the Moody decision.