Today, NetChoice, represented by former Solicitor General Paul D. Clement, argued against the State of Florida in the 11th Circuit. After a federal district court enjoined Florida’s SB 7072 for likely violating the First Amendment last year, the State appealed to the 11th Circuit, which heard oral arguments on April 28, 2022.
“Our success in oral arguments today suggests that the 11th Circuit will uphold the district court’s preliminary injunction and ensure users aren’t met with an onslaught of awful content and private businesses have their First Amendment rights fully protected,” said Chris Marchese, Counsel at NetChoice.
“As if the stakes weren’t high enough, today Florida’s lawyers argued the First Amendment offers no protection against government censorship of the internet—that’s clearly wrong, as the district court held and as the 11th Circuit is likely to hold,” continued Marchese.
“NetChoice and CCIA persuasively argued that the First Amendment applies with equal force to online businesses and that this case isn’t a close call—the law is rotten top to bottom and violates the Constitution many times over.”