MINNEAPOLIS, Minn. — Last night, NetChoice sued Minnesota over SF 4097 because this law is a direct assault on online freedom, creating a backdoor for the government to pressure social media companies to curate and disseminate speech according to the State’s whims. That’s a clear, unconstitutional violation of the First Amendment, and we’re seeking to stop it in NetChoice v. Ellison.
SF 4097 forces social media companies to publish information and express views they otherwise wouldn’t while simultaneously facing pressure from Minnesota to change their editorial choices to the government’s preferences. It also forces companies to disclose valuable trade secrets and hand over data from users worldwide, creating an unreasonable, broad burden that stifles innovation and speech online beyond Minnesota’s borders.
“Minnesota’s SF 4097 violates the First Amendment, plain and simple. The government does not get to tell websites what they can disseminate or display to users. Nor can it exert pressure on websites to conform to the State’s preferences. But the law would do just that,” said Paul Taske, NetChoice Associate Director of Litigation. “Adding to SF 4097’s list of constitutional injuries, it would also require websites to disclose their most valuable, closely guarded tools—their algorithms—to the public, both violating their speech rights and threatening their ability to compete. That’s unconstitutional. We’re confident the court will agree and stop the law as our case proceeds.”
Key Takeaways of Why NetChoice is Suing to Stop Minnesota SF 4097:
- Minnesota is trying to create a backdoor to pressure social media websites to curate and disseminate speech according to the State’s whims.
- This is very clearly big government parenting, based on the nanny state assertion that Minnesotans cannot determine the best digital experience for themselves and their families.
- SF 4097 would kneecap websites’ ability to effectively compete, both in America and abroad, because companies would be forced to publicly disclose their most sensitive and valuable trade secrets—the algorithms they innovate to deliver speech to their users.
- SF 4097 would open the door for any government in the U.S. to dictate how social media companies must operate, stifling innovation, censoring speech and limiting the very choices and opportunities the internet provides to Americans.
- It mandates social media companies hand over data from all over the world, not just Minnesota, creating an excessive burden that reaches far beyond the state’s borders.
NetChoice is fighting to protect constitutional rights online and ensure the internet remains a place for free expression and free enterprise.
Read the complaint here.
Find full case resources for NetChoice v. Ellison here.
Please contact press@netchoice.org with inquiries.