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NetChoice & CCIA v. Moody

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.
  • The Supreme Court of the United States has granted this case a writ of certiorari. Oral arguments will be in 2024.
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: 01/23/23

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

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

Nicole Saad Bembridge

Link to bio

Carl Szabo

Link to bio

Paul Taske

Link to Bio

Court Filings

District Court

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.