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NetChoice, LLC v. Griffin

Name
Type
Government
Date Initiated
Status
Last Updated

Summary

NetChoice filed suit against Arkansas Attorney General Tim Griffin on grounds that Arkansas’ Social Media Safety Act (SB 396) — one of more than a dozen state-level social media age verification laws — violates the First Amendment by mandating that leading websites collect and verify sensitive personal information about its users in order to access the internet.

Updates

August 31, 2023. US District Court Judge Timothy L. Brooks issued a preliminary injunction the day before the law was set to take effect, declaring it unconstitutional and that requiring users to upload driver’s licenses to the internet would deter adults from using the internet, thus chilling speech.

October 27, 2023. NetChoice filed a motion to stay discover, arguing it is "neither necessary nor appropriate" because the suit "presents pure questions of constitutional law that are ripe for resolution based on widely known facts about which there can be no genuine dispute."

October 27, 2023. The court granted Netchoice's motion to stay discovery pending resolution of its dispositive motion.

November 13, 2023. Defendant Attorney General Griffin filed an opposition to the motion to stay discovery, arguing a "hypothetical, unfiled motion isn’t grounds for a discovery stay."

November 28, 2024. NetChoice filed a motion in support for summary judgment, asking the court to resolve the suit without a full trial. NetChoice argued that "because the problems with Act 689 are so glaring, no further factual development is needed to confirm that the Act is facially unconstitutional."

November 20, 2023. Defendants opposed NetChoice's motion for summary judgment, claiming the motion was premature, and that discovery was necessary.

December 8, 2023. Attorney General Griffin filed a supplemental brief opposing NetChoice's motion for summary judgment.

March 24, 2024. US District Judge Brooks granted in part and denied in part NetChoice's motion to both stay discovery and request summary judgment until discovery is completed. Limited discovery is allowed to proceed.

June 21, 2024. NetChoice filed an amended motion for summary judgment.

July 12, 2024. Attorney General Griffin filed a response to NetChoice's amended motion for summary judgment under seal. The attached exhibits include deposition from Antigone Davis, Meta's Global Head of Safety.

July 26, 2024. NetChoice filed a reply brief under seal.

July 29, 2024. The Court found moot the amended motion for summary judgment.

Additional Resources

NetChoice, LLC v. Griffin (5:23-cv-05105) - CourtListener