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NetChoice Asks the U.S. Supreme Court to Reject Florida’s Social Media Law

WASHINGTON—Today, NetChoice and co-plaintiff CCIA filed our response brief to Florida’s petition for certiorari and cross-petition for certiorari with the U.S. Supreme Court, asking the Court to review in full the Eleventh Circuit’s opinion in NetChoice & CCIA v. Moody.

Florida’s appeal comes after its law, SB 7072, was unanimously found likely to be unconstitutional in substantial part by the Eleventh Circuit. 

After that decision, Florida requested that the Supreme Court hear NetChoice v. Moody. Our filings support Supreme Court intervention but ask the Court to review the entire case—not just the portions on which Florida lost conclusively. 

If allowed to go into effect, SB 7072 would infringe the First Amendment rights of American businesses to display, remove or otherwise curate content from their websites as they see fit. It represents government-compelled speech in violation of the First Amendment.

“We’re confident the U.S. Supreme Court will uphold the First Amendment by concluding that the government may not force private businesses, websites and platforms to disseminate vile content or overrule their editorial decisions,” said Chris Marchese, NetChoice Counsel.

“No government should be in the business of controlling online communities or the speech they produce,” continued Marchese. “Yet that is exactly what Florida has tried to do in SB 7072 and what the Supreme Court is likely to reject.” 

You can find our resources on NetChoice & CCIA v. Moody here, our response brief to Florida’s petition for certiorari and cross-petition for certiorari filed today at the U.S. Supreme Courtand a one-pager on the case’s progress so far here.

Please email Krista Chavez at with media inquiries.