Content Moderation

06/30/2021

NetChoice: Northern District of Florida’s Order Preliminary Enjoins Unconstitutional Law

Carl Szabo
Carl Szabo Vice President and General Counsel

Everyone has the right to free speech online. And no one should be forced to wade through objectionable and offensive content every time they go online—unless they want to. 

NetChoice is elated that the federal court for the Northern District of Florida, Tallahassee Division, granted NetChoice and the Computer and Communications Industry Association’s motion for a preliminary injunction halting an unconstitutional Florida law that would have violated free speech rights and forced Americans to see awful-but-lawful content across popular digital platforms. 

As the court said:

“This order preliminarily enjoins enforcement of the parts of the legislation that are preempted or violate the First Amendment.”

“When the State’s own lawyers can’t explain how the law works or even identify to whom it applies, there’s just no way that Florida’s enforcement of that law would keep users, creators, and advertisers safe from the tidal wave of offensive content and hate speech that would surely ensue,” said Carl Szabo, Vice President and General Counsel of NetChoice. “America’s judiciary system is designed to protect our constitutional rights, and today’s ruling is no different, ensuring that Florida’s politically motivated law does not force Floridians to endure racial epithets, aggressive homophobia, pornographic material, beheadings, or other gruesome content just to use the internet.”

“We’re pleased the court ensured that social media can remain family friendly by delaying Florida’s law from taking effect on July 1. This order protects private businesses against the State’s demand that social media carry user posts that are against their community standards. Even better, it lets social media provide high-quality services to their users while keeping them safe from the worst content posted by irresponsible users,” said Steve DelBianco, President of NetChoice. 

Additionally, find NetChoice’s coverage of NetChoice & CCIA v. Moody here:

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