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NetChoice v. Brown (Maryland)

Key Takeaways:
NetChoice is fighting to stop the state of Maryland’s new Speech Code, an attempt by the government to censor speech online and create unlawful barriers to protected speech that would jeopardize all Marylanders’ cybersecurity—especially for children—and thwart parents.
What's At Stake
  • Maryland lawmakers imposed an unconstitutional Speech Code that forces websites to police online speech, letting the government decide what information Marylanders can access—violating the First Amendment and censoring protected speech.
  • The Maryland Speech Code also endangers online safety by forcing websites to either impose sweeping restrictions or conduct invasive age verification, risking all users’ sensitive data—especially for minors.
  • Big government is trying to take over digital parenting under Maryland’s Speech Code by taking away the freedom and authority of parents to determine what’s best for them and their family’s digital presence.
  • Courts have already stopped a nearly identical speech code in California and similar laws in Texas, Arkansas, Utah, Mississippi, and Ohio. Maryland’s law is no different, and we’re confident the courts will block it.
Case Brief

Case Status: Complaint Filed

Latest Update: February 3, 2025

Attorneys:
Steve Lehotsky Scott Keller Jeremy Maltz

Firms:
Lehotsky Keller Cohn

Timeline
  • U.S. District Court for the District of Maryland
    February 3, 2025: Complaint Filed

The Maryland Speech Code puts the government in charge of what information residents can access online, forcing websites to police speech and violating the First Amendment. Beyond censorship, the law also threatens cybersecurity. It basically mandates that services either impose sweeping speech restrictions and conduct rigorous policing of speech online or conduct age verification to properly comply with the law. This creates a massive data collection risk that could expose users—especially minors—to identity theft and cyberattacks.

The law further undermines parental authority by replacing parents with big government, limiting families’ ability to make their own decisions about their digital presence. Courts have already stopped a nearly identical speech code in California and similar laws in Texas, Arkansas, Utah, Mississippi, and Ohio. Maryland’s law is no different, and we’re confident the courts will block it.

Rather than restricting speech, risking cybersecurity, and replacing parents, Maryland lawmakers should focus on meaningful and legal solutions, such as enforcing existing laws against online predators, increasing law enforcement resources, and promoting parental education on digital safety tools. The Maryland Speech Code is about government overreach, censorship, and undermining personal freedoms—while doing nothing to meaningfully enhance online safety.

Read NetChoice’s full complaint here.

NetChoice Experts on the Maryland Speech Code

Chris Marchese

Link to bio

Paul Taske

Link to Bio

Court Filings

NetChoice’s Complaint, filed February 3, 2025 in the U.S. District Court for the District of Maryland.

Read FAQ’s on NetChoice v. Brown here.