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NetChoice v. Hilgers (Nebraska)

Key Takeaways:
  • LB 383 conditions all Nebraskans’ access to protected speech online on whether they are willing to submit sensitive identifying documentation to digital services.
  • This violates the First Amendment and will result in Nebraskans losing access to lawful online speech.
  • NetChoice has successfully blocked similar laws in Arkansas, Ohio, and Louisiana. We're confident the District Court will agree, too. 
 
What's At Stake
  • Blocking access to protected speech online violates the First Amendment.
  • Nebraska’s law threatens cybersecurity and online safety for all Nebraskans.
  • LB 383 takes power away from parents, and unlawful restrictions like this give false hope to parents.
Case Brief

Case Status: May 14, 2025: Complaint filed

Latest Update: U.S. District Court for the District of Nebraska

Attorneys:
Erin Murphy James Xi Camilo Garcia

Firms:
Clement Murphy

Timeline
  • U.S. District Court for the District of Nebraska
    May 13, 2026: NetChoice complaint filed

Portions of Nebraska’s LB 383 unconstitutionally block access to protected information online and forces Nebraskans to surrender their private information just to use everyday digital services. Rather than protecting children, this law creates significant cybersecurity risks and undermines parents’ authority. NetChoice is challenging this law to defend constitutional rights, digital safety, and meaningful solutions that actually protect families online.

Read the complaint, filed on May 13, 2026, HERE.

WHY NEBRASKANS SHOULD CARE ABOUT NETCHOICE V. HILGERS:

  1. Unconstitutional content restrictions give false hope to parents: This law won’t mitigate harm to children as the state claims because it violates the U.S. Constitution and will ultimately be struck down, as the state legislature was warned in testimony. Lawmakers should embrace solutions that actually work and respect Nebraskans’ constitutional rights, including those outlined in NetChoice’s Digital Safety Shield for America
  2. Blocking access to protected speech online violates the First Amendment: LB 383 conditions all Nebraskans’ access to protected speech online on whether they are willing to submit sensitive identifying documentation to digital services. This violates the First Amendment and will result in Nebraskans losing access to lawful online speech. The courts agree, too: NetChoice has successfully blocked similar laws in Arkansas, Ohio, and Louisiana.
  3. Nebraska’s law threatens cybersecurity and online safety: By mandating users undergo digital ID verification processes, Nebraska’s government unintentionally puts the security of all their citizens, especially minors, at risk. Such a mandate requires the most sensitive documents and information of all citizens to be placed into an online honeypot for predators and cybercriminals to exploit. Cybersecurity experts globally have repeatedly urged governments to stop this approach. What’s more, by having to prove guardianship, even more records will be required to be provided to digital services, putting documents like birth certificates at risk, too. 
  4. Similar laws are failing to protect kids on a global scale: Similar digital ID laws have been passed globally, including in the U.K. and Australia. Reports from early 2026 find that nearly 46% of minors find current age checks easy to bypass, with about a third admitting they have already done so. Others are turning to unsafe tools like insecure VPNs or fringe social media services outside the mainstream. This lack of success for digital ID gates shows that this is an ineffective policy approach to keep kids safe online.
  5. It takes power away from parents: The judge in NetChoice’s Arkansas victory explicitly stated: “Parents—not government officials—are best positioned to decide how their kids use technology.” LB 383 is an attempt by Nebraska’s government to dictate how families use the internet, undermining parents in digital spaces.

Our Team

Paul Taske

Link to Bio

Court Filings

NetChoice’s complaint filed on May 14, 2026, in the U.S. District Court for the District of Nebraska