A federal judge has denied the state of Florida's motion to dismiss a First Amendment challenge against Florida SB7072, known as the "internet must-carry" law. The challenge was brought by the Computer & Communications Industry Association (CCIA) and NetChoice in 2021.
The ruling follows last year's Supreme Court confirmation that editorial decisions regarding online speech are protected by the First Amendment from government interference. The Supreme Court had instructed the parties to return to Florida for further litigation on the scope of the challenge. However, Florida attempted a legal maneuver to block this review, which was rejected by Judge Hinkle of the Northern District of Florida.
The First Amendment safeguards against governmental efforts either to prohibit speech or compel individuals or businesses to display specific speech, as SB7072 seeks to do.
Stephanie Joyce, Senior Vice President and Chief of Staff at CCIA and Director of its Litigation Center, stated: “Once again, a judge has confirmed the importance of the First Amendment, rejecting Florida’s attempts to evade review of its unconstitutional statute. This law tries to force websites to speak as the state commands, which strikes at the heart of free discourse and democracy. We now move forward with demonstrating why this law must be struck down.”