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 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
- 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
Dockets & Filings
- District Court Docket
- CCIA/NetChoice Complaint
- CCIA/NetChoice Motion for Preliminary Injunction
- District Court Opinion
- Appeals Court Opinion
- Supreme Court Docket for Florida’s Petition
- Florida’s Cert petition
- Supreme Court Docket for CCIA/NetChoice Petition
- CCIA/NetChoice Supreme Court Petition
- CCIA/NetChoice Supreme Court Supplemental Brief
- CCIA/NetChoice Supreme Court Merits Brief
- CCIA/NetChoice Supreme Court Merits Reply Brief
State
Florida
Timeline
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.