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
As Counsel, Chris analyzes technology-related legislative and regulatory issues at both the federal and state level. His portfolio includes monitoring and analyzing proposals to amend § 230 of the Communications Decency Act, antitrust enforcement, and potential barriers to free speech and free enterprise on the internet.
Before joining NetChoice in 2019, Chris worked as a law clerk at the U.S. Chamber Litigation Center, where he analyzed legal issues relevant to the business community, including state-court decisions that threatened traditional liability rules. Chris earned his J.D. from Antonin Scalia Law School at George Mason University, and earned a B.A. in History and Political Science at Boston College, graduating cum laude from both institutions. Chris is a member of the D.C. bar.
Nicole Saad Bembridge
As Associate Counsel, Saad Bembridge focuses on NetChoice’s litigation and amicus efforts. She specializes in reviewing federal and state legislation that affect the First Amendment, freedom of speech, Section 230 and AI.
Before joining NetChoice, Saad Bembridge worked as a legal associate at the Cato Institute’s Center for Constitutional Studies, where she co-authored twelve appellate amicus briefs, a policy analysis on content moderation paradigms, and provided analysis on a broad range of constitutional and statutory issues of first impression. During law school, she worked at the United Nations and at Georgetown University’s Institute for Technology Law & Policy.
Carl Szabo
As Vice President and General Counsel, Carl analyzes tech-related legislative and regulatory initiatives relevant to online companies. He monitors and analyzes Federal and state legislation. Carl is also an adjunct professor of internet law at the George Mason Antonin Scalia Law School.
Carl obtained his J.D. and Communications Law Certificate from the Catholic University of America, magna cum laude, and Carl obtained his B.A. in Economics, Managerial Studies, and Policy Studies from Rice University. Carl is licensed to practice law in Washington, DC and is a Certified Information Privacy Professional (CIPP/US)
Court Filings
- NetChoice and CCIA’s complaint.
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.
- NetChoice Press Statement: “Northern District of Florida’s Order Preliminary Enjoins Unconstitutional Law.”
- CCIA Press Statement: “Judge Grants Preliminary Injunction Blocking Unconstitutional Florida Law.”
- 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