NetChoice & CCIA v. Moody
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After Gov. DeSantis signed SB 7072 into law in Florida, NetChoice and CCIA filed suit to enjoin and invalidate the law and defend the First Amendment and other constitutional rights of private businesses on May 27 2021.
The NetChoice & CCIA complaint explained:
- The Act brazenly infringes and facially violates the First Amendment rights of America’s leading businesses by compelling them to host even highly objectionable content that is not appropriate for all viewers, violates their terms of service, or conflicts with the companies’ policies and beliefs.
- The Act does not prevent censorship but makes the State the supervisor of online conduct and morals, overriding the community guidelines of online businesses in violation of the First Amendment.
- The Act further violates the First Amendment and Equal Protection Clause by arbitrarily favoring popular and larger businesses like Disney and Universal Studios from its scope simply because they own well-attended “theme parks” while irrationally targeting also popular social media companies for speech restrictions and disfavored governmental treatment.
Because of the immediate unconstitutional harm SB 7072 would do if it were allowed to take effect, NetChoice and CCIA filed for preliminary injunction on June 4, 2021, and it was granted June 30, 2021.
The State of Florida appealed NetChoice and CCIA’s Preliminary Injunction granted by the District Court, and on May 23, 2022, the 11th Circuit upheld the District Court’s injunction on the law.
On September 21, 2022, the State of Florida filed a petition for certiorari with the U.S. Supreme Court to determine whether its social media law is constitutional.
On October 24, 2022, NetChoice and CCIA filed our response brief to Florida’s petition for certiorari and cross-petition for certiorari with the U.S. Supreme Court, asking the Court to review in full the Eleventh Circuit’s opinion on SB 7072. It is currently pending the Court’s review.
On January 23, 2023, the U.S. Supreme Court asked the Solicitor General of the United States for its input on whether the Court should grant review in NetChoice & CCIA v. Moody and NetChoice & CCIA v. Paxton.
You can find a visual timeline of the current status of NetChoice v. Moody here.
(Last updated October 24, 2022)
NetChoice and CCIA’s motion.
- NetChoice press release, “NetChoice Co-Files Preliminary Injunction Following Florida Social Media Lawsuit.”
- CCIA press release, “CCIA, NetChoice File Motion To Block Unconstitutional Florida Content Moderation Law.”
- Plaintiffs’ reply brief in support of the motion for preliminary injunction.
- Defendant’s response in opposition to the plaintiff’s motion for preliminary injunction.
- Memorandum of law for a motion for a preliminary injunction.
- Plaintiffs’ motion for a preliminary injunction.
- Declaration from Carl Szabo, Vice President and General Counsel of NetChoice
- Declaration from Matt Schruers, President of CCIA.
Third-party support of the motion for preliminary injunction:
- Declaration from Alexandra Veitch of YouTube.
- Declaration from Stacie Rumenap of Stop Child Predators.
- Declaration from Servando Esparza of TechNet.
- Declaration from Corinne Pavlovic of Etsy.
- Declaration from Neil Potts of Facebook.
- Amicus brief from Chamber of Progress, Connected Commerce Council, Consumer Technology Association, Engine, Information Technology and Innovation Foundation, National Black Justice.
- Amicus brief from TechFreedom.
Northern District of Florida, Tallahassee Division, Trial Court Ruling provided on June 30th, 2021.
- NetChoice Press Statement: “Northern District of Florida’s Order Preliminary Enjoins Unconstitutional Law.”
- CCIA Press Statement: “Judge Grants Preliminary Injunction Blocking Unconstitutional Florida Law.”
NetChoice and CCIA’s appellate brief to the 11th Circuit asking it to affirm the District Court’s ruling.
- The State of Florida’s Reply Brief
NetChoice’s press statement on the oral arguments.
On October 24, 2022, NetChoice & co-plaintiff CCIA filed at the U.S. Supreme Court in NetChoice v. Moody.
- Our cross-petition for certiorari, asking the Court to review in full the Eleventh Circuit’s opinion
On September 21, 2022, the State of Florida filed a petition for certiorari to the U.S. Supreme Court in NetChoice v. Moody.