Computer & Communication Industry Association

NetChoice & CCIA v. Paxton

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 NetChoice jointly petitioned the Supreme Court to review the Fifth Circuit’s 2-1 decision in NetChoice & CCIA v. Paxton to allow Texas HB 20, another content moderation law, to go into effect despite a lower court’s decision that the statute violates the First Amendment. The three-judge panel later decided to stay its own decision pending the request for certiorari; this was the same panel that had forced CCIA and NetChoice to obtain emergency injunctive relief from the Supreme Court in May 2022.

CCIA Statements

Dockets & Filings




September 2021

CCIA and NetChoice filed suit against the Texas Attorney General over HB 20, arguing it was unconstitutional under the First Amendment, Commerce Clause, Due Process Clause, Full Faith & Credit Clause, Equal Protection Clause, and preempted by Section 230.

December 2021

A Texas federal district court enjoined most of HB 20 based on First Amendment concerns.

May 2022

In an unexplained one-sentence order, a split panel of the Fifth Circuit appeals court reversed that decision, issuing an order to make HB 20 effective. A petition for emergency relief was then filed with the U.S. Supreme Court, asking that the injunction against HB 20 be reinstated. The Supreme Court granted that relief.

October 2022

The Fifth Circuit agreed to keep HB 20 from taking effect pending Supreme Court review.

December 2022

CCIA and NetChoice asked the Supreme Court of the United States to hear the case in order to strike down HB 20 and resolve the circuit split between Texas and Florida.

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.