The Maryland Tax on digital advertising arbitrarily discriminates against internet commerce and regulates commercial conduct far outside of Maryland’s borders. In addition to violating federal statute and the core constitutional guarantees, the tax will sharply limit the availability of high-quality ad-supported content for consumers. NetChoice joined this case to protect key constitutional principles and to ensure that commerce is not discriminated against just because it happens to take place online.
NetChoice Experts on HB 732
Chris Marchese
As Director of the NetChoice Litigation Center, Marchese manages NetChoice’s ten active lawsuits, amicus program, and legal advocacy. The Litigation Center’s portfolio focuses on protecting online freedom and digital liberty in the courtroom and court of public opinion. Marchese’s legal expertise includes First Amendment litigation, administrative law, and antitrust law.
Before joining NetChoice in 2019, Marchese worked at the U.S. Chamber Litigation Center, served as a law clerk for the Senate Judiciary Committee and for the Senate Permanent Subcommittee on Investigations, and worked as a communications assistant at the Foundation for Individual Rights in Education (FIRE).
Marchese earned his J.D. from Antonin Scalia Law School at George Mason University, and a B.A. in History and Political Science at Boston College. He is a member of the D.C. Bar and is an adjunct professor at George Mason University’s Antonin Scalia Law School.
Paul Taske
As Associate Director for the Litigation Center, Taske focuses on NetChoice’s legal work. He specializes in reviewing federal and state legislation that affect the First Amendment, freedom of speech, Section 230 and privacy.
Before joining NetChoice, Taske worked at the Supreme Court of Ohio for Justice Pat DeWine. He also worked as a Junior Fellow for the Ayn Rand Institute, where he wrote a host of articles about constitutional issues, including the Equal Rights Amendment and Covid-19 measures. While in law school, he wrote as a Student Contributor for Emeritus Professor Marianna Bettman’s Legally Speaking Ohio, which provided commentary on cases pending before the Supreme Court of Ohio.
Taske earned his J.D. from the University of Cincinnati College of Law. He holds B.B.A. in Management from Eastern Michigan University.
Court Filings
- Chamber of Commerce, NetChoice et al. Complaint
- Franchot’s Motion to Dismiss
- District Court Decision
- Grants in part and denies in part Franchot’s motion to dismiss
- They said the Tax Injunction Act bars plaintiffs’ challenge to the charge imposed by the Maryland Tax and the Tax Injunction Act does not preclude plaintiffs’ challenge to the Tax’s pass-through prohibition provision.