This week, the Computer & Communications Industry Association (CCIA) and its co-plaintiff NetChoice returned to federal court on Tuesday in their case against SB7072, Florida’s social media law, for the first time since a seminal Supreme Court ruling last July.
CCIA, an international not-for-profit trade association representing a broad cross-section of communications and technology firms, tells Florida Daily that last year’s Supreme Court ruling confirmed that online speech, including editorial decisions about online speech, deserves First Amendment protection, so the challenge to the Florida social media law was sent back to the lower court for further examination.
“The First Amendment protects against any governmental entity that attempts either to prohibit speech or, as SB7072 does, to force people or businesses to issue or display particular speech,” the group said.
The Supreme Court instructed the parties to return to the Florida court to litigate the scope of the First Amendment challenge and move to the merits of the plaintiffs’ claims. Instead of following that direction, the state of Florida moved to dismiss the case on technical grounds, and that motion is being heard this week before Judge Hinkle in the Northern District of Florida.
“Despite the Supreme Court’s clear declaration that Florida’s social media law likely violates the Constitution, Florida is trying to get our lawsuit tossed out on a baseless technicality. This tactic is a distraction and a waste of time and taxpayer dollars. We look forward to proving our First Amendment claim by demonstrating the many ways Florida SB7072 unlawfully restricts online speech,” said Stephanie Joyce, Senior Vice President and Chief of Staff, who is the Director of CCIA’s Litigation Center.
