NEW ORLEANS, La.—Today, the Fifth Circuit Court of Appeals issued a split decision in the case of NetChoice & CCIA v. Paxton, ruling in favor of Texas’s appeal. This invalidates the preliminary injunction and remands the case for further consideration, and it is the opposite of the unanimous decision of the Eleventh Circuit Court of Appeals when reviewing Florida’s compelled content law.
Balancing free expression and online safety is what makes the internet usable. When going online, no one should be forced to wade through awful and offensive content.
“We are disappointed that the Fifth Circuit’s split decision undermines First Amendment protections and creates a circuit split with the unanimous decision of the Eleventh Circuit,” said Carl Szabo, NetChoice Vice President and General Counsel. “We remain convinced that when the U.S. Supreme Court hears one of our cases, it will uphold the First Amendment rights of websites, platforms, and apps.”
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