The Computer & Communications Industry Association (CCIA) and NetChoice are returning to federal court on Tuesday to continue their legal challenge against Florida's social media law, SB7072. This marks the first court appearance since a significant Supreme Court decision last July, which affirmed that online speech, including editorial decisions about such speech, is protected under the First Amendment. The Supreme Court had remanded the case back to the lower court for further consideration.
SB7072 has been criticized for potentially infringing on First Amendment rights by compelling individuals or businesses to display certain speech. The Supreme Court directed both parties to revisit the Florida court to address the scope of this First Amendment challenge and assess the merits of the plaintiffs' claims.
However, instead of proceeding as instructed, Florida has filed a motion to dismiss the case on technical grounds. This motion will be argued before Judge Hinkle in the Northern District of Florida on Tuesday.
Stephanie Joyce, Senior Vice President and Chief of Staff at CCIA and Director of its Litigation Center, stated: "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."