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NetChoice v. Ellison (Minnesota Censorship Labels)

Key Takeaways:
  • Politicians are using “public health” to justify a backdoor means for the government to control online speech. States cannot do by “warning label” what they can’t do by outright ban.
  • In Minnesota, adults can’t even be trusted to engage in speech without receiving state-imposed warnings, and they certainly can't be trusted to make decisions for their children.
  • NetChoice is fighting back because the principles of free speech and a vibrant internet are too vital to cede to government overreach.
What's At Stake
  • Minnesota HF 2, Section 13 is an unconstitutional power grab to mandate websites and online publishers to become the state’s unwilling mouthpieces.
  • The First Amendment prohibits the government from forcing private actors to carry its message in addition to protecting speech.
  • This law singles out and punishes websites that empower American free speech online. It specifically carved out TV networks and gaming platforms while targeting services like YouTube and X.
  • If the government has a view, it must speak for itself, as we recommend in NetChoice’s Digital Safety Shield for America.
Case Brief

Case Status: April 29, 2026

Latest Update: Complaint filed

Attorneys:
Steve Lehotsky Scott Keller Serena Orloff Jeremy Maltz

Firms:
Lehotsky Keller Cohn

Timeline
  • U.S. District Court for the District of Minnesota
    April 29, 2026: Complaint filed

NetChoice is fighting Minnesota’s latest attack on websites that host free speech in NetChoice v. Ellison (2026). Minnesota’s HF 2, Section 13 is an unconstitutional power grab to mandate websites and online publishers to become the state’s unwilling mouthpieces. The law forces websites to display state-approved “warning” messages to deter users from using online services and to promote the government’s controversial views on social media.

This is compelled speech, a direct violation of the First Amendment. NetChoice is taking Minnesota to court to protect free expression and prevent the government from dictating which messages companies must broadcast.

Read the complaint, filed in the U.S. District Court for the District of Minnesota on April 29, 2026, here.

WHY MINNESOTANS SHOULD CARE:

  1. NetChoice is fighting back because the principles of free speech and a vibrant internet are too vital to cede to government overreach.
  2. All Minnesotans will not be able to access digital content until they “affirm” they understand the allegations the government is requiring them to see.
  3. Politicians are using “public health” to justify a backdoor means for the government to control online speech. States cannot do by “warning label” what they can’t do by outright ban.
  4. In Minnesota, adults can’t even be trusted to engage in speech without receiving state-imposed warnings, and they certainly can’t be trusted to make decisions for their children.
  5. True safety measures don’t require violating the First Amendment. We’ve outlined a lawful framework in our Digital Safety Shield for America.

Our Team

Paul Taske

Link to Bio

Court Filings

NetChoice’s complaint, filed on April 29, 2026, in the U.S. District Court for the District of Minnesota