NetChoice & CCIA v. Moody

Litigation to Protect Online Speech

CCIA and NetChoice stopped Florida SB7072, best described as a “must-carry” statute for the internet, from becoming effective and took this challenge to the U.S. Supreme Court. 

CCIA and NetChoice are co-Plaintiffs challenging Florida SB 7072, which would force digital service companies to display third-party content and make regular disclosures of their content management policies, practice, and instances of use. SB7072 would prevent digital services from exercising their First Amendment right to determine what, when, and how to display content. Lawmakers 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 Eleventh Circuit’s partial affirmance in NetChoice & CCIA v. Moody, a largely successful First Amendment challenge to Florida’s content moderation statute. The State of Florida appealed its loss, and CCIA cross-petitioned on the handful of provisions on which CCIA did not win. 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 Florida Law 
• CCIA, NetChoice File Motion To Block Unconstitutional Florida Content Moderation Law 
• Judge Grants Preliminary Injunction Blocking Unconstitutional Florida Law
• Appeals Court Affirms Unconstitutionality of Key Provisions Of Florida’s Social Media Law 
• CCIA Statement on Florida’s Petition To U.S. Supreme Court In Social Media Law Case 
• CCIA, NetChoice Petition Supreme Court To Hear Florida 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

Filings

• CCIA/NetChoice Moody Complaint
• CCIA/NetChoice Moody Motion for Preliminary Injunction
• CCIA/NetChoice Moody Eleventh Circuit Brief
• CCIA/NetChoice Moody Supreme Court Cross Petition
• CCIA/NetChoice Moody Supreme Court Supplemental Brief 
• CCIA/NetChoice Moody Supreme Court Merits Reply Brief