Zoulek Et Al. v. Hass

Summary

A group of Utah residents, including Hannah P. Zoulek, Jessica Christensen, Lu Ann Cooper, M.C. (a minor), and Val Snow, as well as a youth-led group called the Utah Youth Environmental Solutions, sued the Utah Department of Commerce Consumer Protection Division Director Katherine Hass and Utah Attorney General Sean Reyes over the state's Social Media Regulation Act.

Plaintiffs claim the law would restrict their ability to "communicate and access information" in violation of the Constitution's First and Fourteenth Amendments and the Commerce Clause. The suit additionally asserts Section 230 preemption, where online service providers cannot be held liable for information posted to their websites by third-party users. NetChoice, an internet industry group that represents tech companies like Meta and TikTok, independently filed a similar suit on December 18, 2023.

Updates

May 31, 2024. Plaintiffs jointly filed an amended complaint against the State. Each plaintiff additionally files for respective preliminary injunctions.

June 5, 2024. Plaintiffs filed a combined motion for a preliminary injunction.

July 26, 2024. Plaintiffs filed a combined reply to the States' motion to dismiss the suit.

August 5, 2024. US District Court Judge Robert J. Shelby dismissed count three of the complaint on grounds that the plaintiffs did not have standing to challenge the Act under the Commerce Clause because their general use of the internet is devoid of any economic activity.

September 10, 2024. Judge Shelby dismissed the remaining counts of the Zoulek plaintiffs' first amended complaint and denied their motion for a preliminary injunction. Plaintiffs were given 30 days to file an amended complaint.

Additional Resources

Zoulek et al v. Hass et al, No. 2:2024cv00031 (FIRE)

NetChoice LLC v. Reyes (2:23-cv-00911) - CourtListener