Similar bills were previously introduced and blocked by federal judges in Texas and Florida in 2021 after NetChoice, a public policy advocacy organization that promotes free speech, filed federal lawsuits against Texas and Florida officials over the proposed bills.
In all three states, both sides have used the First Amendment as the basis for arguments for and against the bill.
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Steve DelBianco, the president and CEO of NetChoice, said while the Ohio bill will make it harder to get an injunction, the law will run into the same constitutional problems as in Florida and Texas.
“In both cases, both rulings, the judges looked at the common carrier question suggesting that it doesn’t matter. First Amendment still protects them from state action,” DelBianco said to the Journal. “Therefore, the Florida and Texas law is unconstitutional.”