NetChoice, L.L.C. v. Ashley Moody, Attorney General of Florida

Summary

After Florida Senate Bill 7072 was signed into law in May 2021, Netchoice, LLC and CCIA, industry groups representing Google, Facebook, and other social media platforms, filed a lawsuit asking a federal court to invalidate the law. The complaint alleged the law infringes on the rights to freedom of speech, equal protection, and due process protected by the First and Fourteenth Amendments to the U.S. Constitution. It also exceeds the State of Florida’s authority under the Constitution’s Commerce Clause and is preempted by Section 230 of the Communications Decency Act.

Updates

June 30, 2021. The U.S. District Court for the Northern District of Florida issued a preliminary injunction preventing the law from being enforced.

September 7, 2021. The Florida Attorney General appeals to the United States Court of Appeals for the Eleventh Circuit.

May 23, 2022. The Eleventh Circuit Court of Appeals upheld the June 2021 ruling saying that most of the Florida law was “substantially likely” to be a violation of social media platforms’ First Amendment rights. A few parts of the law were allowed to stand, including allowing de-platformed users to access their data for at least 60 days and requiring platforms to publish “detailed definitions” of the standards used to censor or de-platform users and notify users of proposed rule changes.

September 21, 2022. Citing an appeals court decision to remove an injunction on a similar law enacted in Texas, the state of Florida appealed to the Supreme Court to reinstate its law.

September 29, 2023. Supreme Court grants petition for review. The review will be limited to Questions 1 and 2 as presented by the U.S. Solicitor General's brief.

December 7, 2023. NetChoice, LLC, and CCIA filed their brief for respondents. Briefs of an amicus curiae (amicus briefs) in support or in support of neither party filed.

February 26, 2024. Supreme Court holds oral argument.