Tracker Detail
NetChoice v. Reyes
Name | Type | Government | Date Initiated | Status | Last Updated |
|---|---|---|---|---|---|
NetChoice v. Reyes | Litigation | United States | Dec 18, 2023 | Preliminary Injunction Granted | Sep 10, 2024 |
Summary
NetChoice filed a complaint against Utah Attorney General Sean Reyes and Utah Department of Commerce Consumer Protection Division Director Katherine Hass over claims the Utah Social Media Regulation Act was an "unconstitutional attempt to regulate both minors’ and adults’ access to—and ability to engage in—protected expression" and relies on an "unconstitutional definition" of "social media company." The complaint further alleged the Act violates the First Amendment and Due Process Clause of the Fourteenth Amendment, thereby denying users of their "enforceable rights," NetChoice argues. A group of social media users and a youth-led organization in Utah (Zoulek et al.) filed a separate but similar complaint.
Updates
December 20, 2023. NetChoice filed for motion for preliminary injunction.
March 7, 2024. Utah lawmakers repeal and replace the Utah Social Media Regulation Act with bills S.B. 194 and H.B. 464, or the Utah Minor Protection in Social Media Act.
May 3, 2024. NetChoice filed an amended complaint challenging the new Act.
May 31, 2024. Utah filed a motion to dismiss Count IV of the complaint for a failure to state a claim.
July 24, 2024. US District Court Judge Robert J. Shelby ruled in favor of Utah and dismissed Count IV.
September 10, 2024. Judge Shelby found that NetChoice "is substantially likely to succeed on its claim the Act violates the First Amendment" and grants its request for a preliminary injunction.
Additional Resources
NetChoice LLC v. Reyes (2:23-cv-00911) - CourtListener
