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.

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 
• 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
• Appeals Court Docket
• Appeals Court Opinion
• Supreme Court Emergency Docket
• Supreme Court Docket
• CCIA/NetChoice Supreme Court Petition
• CCIA/NetChoice Supreme Court Reply Brief
• CCIA/NetChoice Supreme Court Supplemental Brief
• CCIA/NetChoice Supreme Court Merits Brief
• CCIA/NetChoice Supreme Court Merits Reply Brief