NetChoice & CCIA v. Moody (Florida, 2021)

Key Takeaways:

NetChoice and CCIA filed suit to enjoin and invalidate the law and defend the First Amendment and other constitutional rights of private businesses on May 27 2021.
The Eleventh Circuit's rulings on this case conflict with similar rulings in NetChoice v. Paxton in the Fifth Circuit.
On July 1, 2024, the Supreme Court ruled in NetChoice's favor on our core First Amendment arguments, maintained our injunctions, and sent the cases back to the lower courts for further analysis of the facts.

What's At Stake

The First Amendment is under attack in Florida, where the government wishes to force websites to host political content they would otherwise remove.
Sites need to be able to take down harmful user posts to protect their users.

Case Brief

Case Status: In Progress

Latest Update: November 1, 2024

Attorneys:
Brian M. Willen Steffen N. Johnson Christopher G. Oprison J. Trumon Phillips Lauren Gallo White Meng Jia Yang Peter Karanjia James J. Halpert Douglas L. Kilby Glenn Burhans, Jr. Bridget Smitha Christopher R. Clark Ilana H. Eisenstein Ben C. Fabens-Lassen Danielle T. Morrison Jonathan Green

Firms:
DLA Piper LLP Wilson Sonsini Goodrich & Rosati, P.C. Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A.

Timeline

District Court
6/27/21 NetChoice & CCIA File the Initial Complaint
District Court
6/3/21 NetChoice & CCIA File Request for Preliminary Injunction
District Court
6/30/21 SB 7072 is enjoined; AG may not enforce
Eleventh Circuit Court of Appeals
5/23/22 The Eleventh Circuit upholds the District Court's Preliminary Injunction after an appeal from the State of Florida
Supreme Court of the United States
10/24/22 NetChoice & CCIA petition SCOTUS for review due to circuit split
Supreme Court of the United States
9/29/23 SCOTUS grants cert in NetChoice & CCIA v. Moody
Supreme Court of the United States
02/26/24 SCOTUS will hear oral arguments in this case
Supreme Court of the United States
07/1/24 SCOTUS ruled in NetChoice's favor on our core First Amendment arguments, maintained our injunctions, and sent the cases back to the lower courts for further analysis of the facts
U.S. District Court for the Northern District of Florida—Tallahassee Division
11/1/24 NetChoice & CCIA filed an amended complaint to the U.S. District Court

SB 7072 brazenly infringes and facially violates the First Amendment rights of America’s leading businesses by compelling them to host even highly objectionable content that is not appropriate for all viewers, violates their terms of service, or conflicts with the companies’ policies and beliefs.

The law does not prevent censorship but makes the state the supervisor of online conduct and morals, overriding the community guidelines of online businesses in violation of the First Amendment.

SB 7072 further violates the First Amendment and Equal Protection Clause by arbitrarily favoring popular and larger businesses like Disney and Universal Studios from its scope simply because they own well-attended “theme parks.” Simultaneously, the law irrationally targets also popular social media companies for speech restrictions and disfavored governmental treatment.

NetChoice Experts on SB 7072

Chris Marchese

Link to bio

Paul Taske

Link to Bio

Court Filings

NetChoice and CCIA’s complaint.

District Court

NetChoice and CCIA’s motion.
- Plaintiffs’ reply brief in support of the motion for preliminary injunction.
- Defendant’s response in opposition to the plaintiff’s motion for preliminary injunction.
- Memorandum of law for a motion for a preliminary injunction.
- Plaintiffs’ motion for a preliminary injunction.
- Declaration from Carl Szabo, Vice President and General Counsel of NetChoice
- Declaration from Matt Schruers, President of CCIA.
Third-party support of the motion for preliminary injunction:
- Declaration from Alexandra Veitch of YouTube.
- Declaration from Stacie Rumenap of Stop Child Predators.
- Declaration from Servando Esparza of TechNet.
- Declaration from Corinne Pavlovic of Etsy.
- Declaration from Neil Potts of Facebook.
- Amicus brief from Chamber of Progress, Connected Commerce Council, Consumer Technology Association, Engine, Information Technology and Innovation Foundation, National Black Justice.
- Amicus brief from TechFreedom.
Northern District of Florida, Tallahassee Division, Trial Court Ruling provided on June 30th, 2021.

11th Circuit

NetChoice and CCIA’s appellate brief to the 11th Circuit asking it to affirm the District Court’s ruling.
The State of Florida’s Reply Brief
The 11th Circuit’s decision upholding the District Court’s injunction.

Our cross-petition for certiorari, asking the Court to review in full the Eleventh Circuit’s opinion.
Florida’s petition.
NetChoice & CCIA’s response brief filed on October 24, 2022.
Solicitor General brief.
NetChoice reply to the Solicitor General
On 9/29/23, SCOTUS granted Cert in Moody v. NetChoice.

On July 1, 2024, the Supreme Court ruled in NetChoice’s favor on our core First Amendment arguments, maintained our injunctions, and sent the cases back to the lower courts for further analysis of the facts.

On 9/29/23, SCOTUS granted Cert in Moody v. NetChoice.
NetChoice merits brief in Moody.
Amicus briefs filed in support of NetChoice & CCIA.
NetChoice reply brief in Moody.

On November 1, 2024, NetChoice & CCIA filed an amended complaint to the U.S. District Court for the Northern District of Florida—Tallahassee Division.

Florida filed a motion to dismiss the amended complaint on November 15, 2024.

NetChoice filed its opposition to Florida’s motion to dismiss the amended complaint on January 8, 2025.