Washington – The Computer & Communications Industry Association and its co-plaintiff NetChoice are back in the Fifth Circuit Court of Appeals in Texas, filing their first brief since the Supreme Court ruled 6-3 that online speech deserves First Amendment protection. The court invited further briefing on how CCIA and NetChoice should continue their First Amendment challenge to Texas HB20, and the similar Florida law SB7072, in light of the Supreme Court’s finding that, though Texas has likely violated the Constitution, the scope of the challenge might need to be redrawn.
Briefs in the Texas case are due Wednesday and co-plaintiffs CCIA and NetChoice plan to tell the Court of Appeals that there are “millions of unconstitutional applications” of HB20, which seeks to force social media companies to display all content regardless of whether it violates their community standards. The brief will show that the Supreme Court found HB20 to be an unlawful attempt to force private companies to speak in the manner Texas decides, and will ask that the law remain barred from enforcement pending a final judgment striking the law permanently.
CCIA has advocated for free speech online for more than 25 years.
The following can be attributed to CCIA Senior Vice President and Chief of Staff Stephanie Joyce:
“Multiple courts, including the Supreme Court, have already expressed the view that Texas’ must-carry social media law attempts to force private actors to speak and thus violates the First Amendment. We look forward to securing a final judgment that this statute is unconstitutional and cannot remain on the books.”