Computer & Communication Industry Association
PublishedOctober 24, 2022

CCIA, NetChoice Petition Supreme Court To Hear Florida Social Media Case

Washington – The Computer & Communications Industry Association and co-plaintiff NetChoice have cross-petitioned the Supreme Court to rule on Florida’s social media law that lower courts noted was unconstitutional. The filing comes after the State of Florida filed a petition earlier this month also asking the Supreme Court to grant certiorari and rule on the constitutional issues at the core of Florida’s law imposing ‘must-carry’ rules on online platforms. 

The U.S. Court of Appeals for the Eleventh Circuit ruled unanimously in a 3-0 decision that Florida’s new social media law violated First Amendment protections against compelled speech, but allowed certain regulatory disclosure provisions to stand.

CCIA, along with fellow trade association NetChoice, had challenged the Florida law in 2021 after it was enacted, arguing that it infringes on digital services’ rights of freedom of speech under the First Amendment, which includes the right not to be compelled by the government to carry particular speech. The risks are particularly acute here, as Florida’s law would compel digital services to disseminate dangerous content online, in violation of their standards and policies.

In a joint motion filed this summer, CCIA, NetChoice and the Florida defendants agreed that the case was ripe for Supreme Court review because it presented “first-of-its-kind” questions about government control and whether states can regulate social media content, and, if so, how.

The following can be attributed to CCIA President Matt Schruers:

“The First Amendment means that governments cannot pick winners and losers in the marketplace of ideas. Florida’s law violates a well-established Constitutional principle that the government cannot dictate what content private entities distribute, and particularly not to ensure that a favored viewpoint is heard. As more governments line up to control online speech, it is vital that the Supreme Court hear this case to uphold principles of free expression.”

“We have every reason to believe the Justices will see the threat the Florida law presents to longstanding principles of U.S. democracy and agree to hear this case.”

News

CCIA Report Highlights Expanding State Privacy Regulation

Washington – The Computer & Communications Industry Association today released its 2026 State Privacy Landscape Report. This year, four states enacted comprehensive consumer privacy laws, while ...
reading-tablet
  • Press Releases
  • Privacy
News

New CCIA Study Finds Generative AI Market Remains Dynamic and Competitive

Washington - Generative AI prices are plunging, market leaders keep getting overtaken, and startups are capturing most new application revenue, as shown in a new report from RBB Economics prepared for...
reading-tablet
  • Press Releases
  • Competition
News

Digital Fairness Act Overlaps With Existing EU Rules Despite Commission’s Recent Pledge to Cut Red Tape

Brussels, BELGIUM – The European Commission today proposed its Digital Fairness Act (DFA), aiming to strengthen online consumer protection. While the planned EU-wide regulation might help reduce div...
reading-tablet
  • Press Releases
    Digital Economy
News

CCIA Urges DHS to Preserve H-1B Grace Period, Citing Significant Economic Costs

Washington - The Computer & Communications Industry Association filed comments with the Department of Homeland Security opposing a proposed rule that would eliminate the discretionary 60-day grace...
reading-tablet
  • Press Releases
  • Immigration