Washington – The Computer & Communications Industry Association’s challenge to Florida SB7072, the “internet must-carry” law, has overcome the state’s attempt to end the case. A federal judge has denied the state of Florida’s motion to dismiss the First Amendment challenge brought by CCIA and its co-plaintiff NetChoice in 2021.
This ruling comes after the Supreme Court confirmed last year that editorial decisions about online speech deserve First Amendment protection from government interference. The Supreme Court had instructed the parties to return to the Florida court to litigate the scope of the challenge, but instead, Florida tried a legal maneuver to block that review. Today that attempt was denied by Judge Hinkle of the Northern District of Florida.
The First Amendment protects against all governmental attempts either to prohibit speech or, as SB7072 does, to force people or businesses to issue or display particular speech.
The following can be attributed to Stephanie Joyce, Senior Vice President and Chief of Staff, who is the Director of CCIA’s Litigation Center:
“Once again, a judge has confirmed the importance of the First Amendment, rejecting Florida’s attempts to evade review of its unconstitutional statute. This law tries to force websites to speak as the state commands, which strikes at the heart of free discourse and democracy. We now move forward with demonstrating why this law must be struck down.”