TALLAHASSEE, Fl.—Today, a court granted NetChoice and the Computer & Communications Industry Association (CCIA)’s request to temporarily halt Florida’s law requiring ID for accessing lawful speech on the internet, which violates the First Amendment and threatens the online security of all Floridians.
HB 3 violates the First Amendment by forcing all Floridians to hand over their personal data just to access lawful, protected speech online. It requires websites to collect their users’ sensitive documentation, creating a cybersecurity risk by making private data more vulnerable to hackers and predators. We’re thankful the court recognized this unconstitutional barrier and granted our preliminary injunction while our case proceeds on the merits.
“Today’s ruling is yet another affirmation that the government cannot control or censor online speech. Like all Americans, Floridians have the right to access lawful speech without the government controlling what they say, share or see online,” said Chris Marchese, NetChoice Director of Litigation. “This decision marks a critical win not only for Floridians but also for preserving the vibrant marketplace of ideas online.”
Marchese continued: “Lawmakers should focus on real, constitutional alternatives that respect both family autonomy and free speech.”
You can read the court’s ruling here. Learn more about CCIA & NetChoice v. Uthmeier here.
Please contact press@netchoice.org with inquiries.
Top 5 Takeaways of CCIA & NetChoice v. Uthmeier:
- Violates First Amendment rights: HB 3 violates the First Amendment because it conditions Floridians’ right to access protected speech on whether they hand over their sensitive, personal data.
- Mandates data collection on Floridians: Under HB 3’s requirements, websites will need to collect sensitive information from their users to confirm their identities, ages, and parental status, which will make Floridians hand over their sensitive documents just to access online services.
- Risks Floridians’ cybersecurity and digital safety: Because Florida’s government is mandating that websites verify identities, this will create a honeypot of sensitive information that hackers and predators will exploit. This harms the security of all internet users, especially minors, which already suffer as prime targets for data breaches.
- Puts the government in charge of parenting: Parents and guardians are best situated to control their family’s online presence—not the government. HB 3 takes away parents’ right to determine what’s best for their children and puts the state in charge of parenting online.
- Lawmakers in Florida have less restrictive options available to help create a safer online experience: Rather than implementing violative, invasive laws that harm Floridians and their families, policymakers should empower parents with meaningful, legal solutions for online safety. Those include expanding its digital educational programs from 2023, collaborating with companies to educate parents on existing safety tools, and strengthening law enforcement’s capacity to investigate and prosecute cybercriminals, ensuring that existing laws protecting children online are fully enforced.