Litigation to Protect Online Speech
CCIA is a co-plaintiff, along with NetChoice, in challenging several state laws that would restrict users’ access to lawful content that is protected by the First Amendment.
Summary:
CCIA is a co-plaintiff, along with NetChoice, challenging the constitutionality of HB3, Florida’s latest internet law that would restrict users’ access to lawful content that is protected by the First Amendment.
Statements:
- CCIA Challenges Constitutionality of Florida’s Social Media Rationing Law
- CCIA, NetChoice File Renewed Request to Block Florida’s Social Media Rationing Law
- Judge Grants Preliminary Injunction to Block Florida’s Social Media Rationing Law
Filings:
- CCIA/NetChoice Complaint
- CCIA/NetChoice Motion for Preliminary Injunction
- CCIA/NetChoice Renewed Motion for Preliminary Injunction
- CCIA/NetChoice Uthmeier HB3 First Amended Complaint
- CCIA/NetChoice Uthmeier HB3 Opposition to Stay (Fifth Circuit)
- CCIA/NetChoice Uthmeier HB3 Motion for Summary Judgment
- CCIA/NetChoice Uthmeier HB3 Answering Brief to 11th Circuit
- CCIA/NetChoice Uthmeier HB3 11th Circuit Opinion Staying Preliminary Injunction
State
Florida
Timeline
October 2024
CCIA and NetChoice filed suit against the Florida Attorney General over HB 3, arguing it was unconstitutional under the First Amendment and preempted by federal law.
November 2024
Judge Walker ordered the parties to engage in discovery relevant to the Motion for Preliminary Injunction.
February 2025
Judge Walker heard oral argument on the Motion for Preliminary Injunction.
March 2025
Judge Walker denied the Motion for Preliminary Injunction, finding that “Plaintiffs have not demonstrated a substantial likelihood of establishing standing”; he then dismissed the case without prejudice on the same ground.
CCIA and NetChoice file a First Amended Complaint.
June 2025
Judge Walker grants injunction against several provisions, including banning 14 to 15-year olds from having accounts without parental consent and banning all minors under 14.
Florida appeals entry of the preliminary injunction. Florida also files a Motion to Stay – or lift – the preliminary injunction. CCIA and NetChoice filed an opposition to the stay motion and briefing was completed in June.
August 2025
Florida files a Partial Motion to Dismiss portions of CCIA and NetChoice’s amended complaint.
Florida files its opening brief in its appeal from the preliminary injunction to the Eleventh Circuit Court of Appeals.
September 2025
CCIA and NetChoice file a Motion for Summary Judgment. Florida responds and files a Motion to Stay the briefing on the Motion for Summary Judgment pending the close of discovery.
CCIA and NetChoice file their answering brief in the appeal on the preliminary injunction.
September-October 2025
udge Walker denies Florida’s partial Motion to Dismiss and stays briefing on CCIA and NetChoice’s Motion for Summary Judgment.
Florida files its reply brief in the appeal on the preliminary injunction.
November 2025
The Eleventh Circuit enters a stay on the preliminary injunction, effectively lifting the injunction and allowing HB3 to take effect.
March 2026
The Eleventh Circuit held oral argument on the preliminary injunction. Following oral argument, the Court requested supplemental briefing on certain specific issues. Briefing before the Eleventh Circuit is now complete.
July 2026
Citing ongoing discovery issues and the pending Eleventh Circuit appeal, Judge Walker grants Florida’s motion for a modified schedule, extending discovery deadlines into 2027 and staying or cancelling deadlines for dispositive motions and trial.