Computer & Communication Industry Association

NetChoice & CCIA v. Moody

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. 


CCIA and co-Plaintiff NetChoice sought certiorari in the U.S. Supreme Court from 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. This stage was fully briefed. In the meantime, the statute remains enjoined. 

CCIA Statements

Dockets & Filings




May 2021

CCIA and NetChoice filed suit against the Florida Attorney General, Elections Commission, and Department of Management Services over SB 7072, arguing it was unconstitutional under the First Amendment, 14th Amendment (Equal Protection and Due Process), Commerce Clause, and preempted by Section 230.

June 2021

A Florida federal district court blocked SB 7072, finding that it infringes digital services’ First Amendment rights.

May 2022

Eleventh Circuit appeals court affirmed that decision, finding that several parts of SB 7072 “unconstitutionally burden” free speech.

September 2022

Florida petitioned the Supreme Court to hear the case.

October 2022

CCIA and NetChoice petition the Supreme Court to hear the case, to also consider the transparency provisions.

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.