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CCIA & NetChoice v. Paxton (Texas, 2024)

Key Takeaways:
State lawmakers in Texas have unfortunately followed the path of some other states in violating their citizens’ constitutionally-protected rights, endangering their online privacy and security, and thwarting their rights to parent their individual households as they deem appropriate. CCIA & NetChoice is suing the state to keep online communication safe and free and to ensure parents—not big government—are in the driver's seat of their families.  
What's At Stake
  • HB 18 violates the First Amendment because it conditions Texans’ access to vast amounts of protected speech on handing over their sensitive, personal data. 
  • It jeopardizes the security of all users, especially minors, by requiring them to surrender sensitive, personal information and creates a new target for hackers and predators to exploit.
  • Parents and guardians are best situated to control their family’s online presence. HB 18 usurps the parental role and seizes it for the State.  
  • A vast amount of speech could be unintentionally censored online under the vague requirements of the government under the law, including: The U.S. Declaration of Independence, Sherlock Holmes, The Goonies, the National Treasure movie series featuring Nicholas Cage, Taylor Swift’s new album, and much more. 
Case Brief

Case Status: Complaint Filed

Latest Update: July 30, 2024

Attorneys:

  • Steve Lehotsky
  • Scott Keller
  • Jeremy Evan Maltz


Firms:
Lehotsky Keller Cohn

Timeline
  • July 30, 2024
    CCIA & NetChoice File Complaint and Request
  • August, 30, 2024
    Judge Pitman grants Preliminary Injunction Request

The Computer & Communications Industry Association (CCIA) and NetChoice sued Texas in the U.S. District Court for the Western District of Texas to stop HB 18, defend constitutional rights, keep kids—and all Texans—safe online, and protect parental rights.

HB 18 violates Texans’ fundamental rights, creates a disaster for their online privacy and security, and replaces parents with government bureaucrats. As NetChoice has seen in other states, mandating age verification and parental consent for digital services violates privacy and stifles the free exchange of ideas.

NetChoice has successfully obtained injunctions against four other states for similar laws that create an age-gate for digital services, violating user privacy and stifling the free exchange of ideas. These states include California, Arkansas, Ohio and Mississippi.

Texas, similarly to Mississippi, requires websites to block overly broad, vague speech categories, forcing online businesses to censor speech with unclear compliance standards. The District Court judge in Mississippi found that law’s similar provisions to be vague and deny citizens a constitutionally-protected interest. 

Further, by forcing all websites to identify users, every digital service in Texas will need to collect more data and information on their users, including children—putting them at further risk for cybersecurity breaches.

Read NetChoice’s initial complaint, filed July 30 2024, here.

Our Team

Chris Marchese – Director of Litigation

Link to bio

Paul Taske – Associate Director of Litigation

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NetChoice Complaint, filed July 30, 2024, in the U.S. District Court for the Western District of Texas.

NetChoice’s request for a preliminary injunction (PI) and temporary restraining order (TRO) was filed on July 30, 2024 in U.S. District Court for the Western District of Texas.

The request was granted on August 30, 2024 by Judge Pitman.