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NetChoice v. Fitch (Mississippi)

Key Takeaways:
State lawmakers in Mississippi have unfortunately followed the path of some other states in violating their citizens’ constitutionally-protected rights, endangering their online privacy and security, and thwarting their rights to parent their individual households as they deem appropriate. NetChoice is suing the state to keep online communication safe and free and to ensure parents—not big government—are in the driver's seat of their families.
What's At Stake
  • HB 1126 violates the First Amendment because it conditions Mississippians’ access to vast amounts of protected speech on handing over their sensitive, personal data. 
  • It jeopardizes the security of all users, especially minors, by requiring them to surrender sensitive, personal information and creates a new target for hackers and predators to exploit.
  • Parents and guardians are best situated to control their family’s online presence. HB 1126 usurps the parental role and seizes it for the State.  
  • A vast amount of speech could be unintentionally censored online under the vague requirements of the government under the law, including: The U.S. Declaration of Independence, Sherlock Holmes, The Goonies, the National Treasure movie series featuring Nicholas Cage, Taylor Swift’s new album, and much more. 
Case Brief

Case Status: Initial Complaint filed in the U.S. District Court for the Southern District of Mississippi

Latest Update: Filed on June 7, 2024

Attorneys:

  • Steve Lehotsky
  • Scott Keller
  • Jeremy Evan Maltz
  • Jared Magnuson
  • Josh Morrow


Firms:
Lehotsky Keller Cohn

Timeline

NetChoice sued Mississippi over its HB 1126 in the U.S. District Court for the Southern District of Mississippi to keep online communications and speech safe and free, as well as to ensure parents—not big government—are in the driver’s seat of their families.

While well-intentioned, HB 1126 is an unconstitutional overreach into citizens’ rights that courts will likely block. As NetChoice has seen in other states, mandating age verification and parental consent for digital services violates privacy and stifles the free exchange of ideas. Mississippi requires websites to block broad protected speech categories, forcing online businesses to censor speech broadly with vague, unclear compliance standards. 

Further, by forcing all websites to identify users, every digital service in Mississippi will need to collect more data and information on their users, including children. 

This law also contains a unique provision with broad content moderation parameters that may result in the censorship of vast amounts of speech online. If the law goes into effect, some examples could include: The U.S. Declaration of Independence, Sherlock Holmes, The Goonies, the movie series starring Nicholas Cage, National Treasure, Taylor Swift’s new album and much more.

Parents and guardians, not politicians, should be in charge of their children’s online experience.

Read NetChoice’s initial complaint, filed June 7, 2024, here.

Our Team

Chris Marchese – Director of Litigation

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Paul Taske – Associate Director of Litigation

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Carl Szabo – Vice President & General Counsel

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NetChoice Complaint, filed June 7, 2024, in the U.S. District Court for the Southern District of Mississippi.

NetChoice Motion for a Preliminary Injunction, filed June 7, 2024, in the U.S. District Court for the Southern District of Mississippi.