PublishedJune 30, 2021

Judge Grants Preliminary Injunction Blocking Unconstitutional Florida Law

Washington — A Florida judge has ruled the state’s new law regulating internet speech violates the First Amendment and federal law and should not take effect tomorrow. U.S. District Judge Robert Hinkle said in a ruling issued Wednesday evening that the Florida law does not survive strict scrutiny and parts also are expressly preempted by federal law, and granted a preliminary injunction blocking the law.

The Computer & Communications Industry Association co-filed its lawsuit, motion for a preliminary injunction, and reply brief with NetChoice. The associations’ lawyers made their case Monday before the Tallahassee federal district court to stop the law from taking effect on July 1, in order to maintain the status quo while the parties litigate the broader legal issues.

By empowering bad actors to bring abusive lawsuits against digital services trying to protect users, the Florida statute would have paralyzed digital services’ trust & safety operations. This would have put American Internet users at greater risk to foreign disinformation and propaganda and extremism, predators and fraudsters, and viruses and malware, among other threats. It was slated to take effect July 1.  

The Computer & Communications Industry Association supports free speech online, which includes the right for private businesses to meet their users’ expectations about what type of material is appropriate for their community.

The following can be attributed to CCIA President Matt Schruers:

“This decision upholding the Constitution and federal law is encouraging, and reaffirms what we have been saying: Florida’s statute is an extraordinary overreach, designed to penalize private businesses for their perceived lack of deference to the Government’s political ideology.  The court’s ruling is a win for internet users and the First Amendment.”

 

 

  • Press Releases

CCIA Releases State Competition Landscape Map

Washington –  State legislatures have introduced a range of bills that could seek to change whether the government protects competing companies from competition, much as Europe does. The U.S. h...
  • Press Releases

CCIA Research Center, Engine Study Finds Startups Rely on Free and Low-Cost Digital Tools to Compete

Washington – In partnership with Engine, the CCIA Research Center released a new study investigating the role of free and low-cost digital tools and services in the startup ecosystem. The study find...
  • Press Releases

CCIA Supports Indiana’s Proposed Online Literacy Legislation

Washington – Indiana is joining a growing number of states who are considering proposals that would establish a digital literacy school curriculum to help children learn how to more safely and respo...