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
CCCIA 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
- CCIA, NetChoice File Lawsuit Against Unconstitutional Texas Social Media Law
- CCIA, NetChoice Request Preliminary Injunction Against Unconstitutional Texas Social Media Law
- CCIA, NetChoice Ask To Block Texas Social Media Law From Taking Effect During Appeal
- Texas Judge Blocks Unconstitutional Texas Social Media Law
- Federal Appeals Court Issues Order Allowing Texas’s Social Media Law To Take Effect While Still Under Appeal
- CCIA Files Emergency Brief Asking Supreme Court To Halt Texas Social Media Law
- CCIA Welcomes Support From Diverse Group of 38 Organizations and Experts in Continued Effort to Halt Unconstitutional Texas Social Media Law
- CCIA, NetChoice File Supreme Court Reply Brief On First Amendment Issues In Texas Social Media Case
- Supreme Court Pauses Texas Social Media Law Ahead Of Lower Court Reviewing Constitutional Concerns
- Federal Appellate Court Grants Request To Keep Texas Social Media Law On Hold
- CCIA, NetChoice Petition Supreme Court To Hear Texas Social Media Case
- CCIA, NetChoice File Supreme Court Reply Brief In Texas 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
Dockets & Filings
State
Texas
Timeline
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.