NetChoice, CCIA Urge Court Not to Dismiss Fla. Social Media Case
Don’t dismiss tech groups’ challenge of a Florida social media law, NetChoice and the Computer & Communications Industry Association urged the U.S. District Court for Northern Florida this week (Case 4:21-cv-00220). The U.S. Supreme Court in July ruled the First…
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Amendment protects social media platforms’ ability to moderate content, sending the tech industry’s suits against Florida and Texas laws back to the lower courts (see 2407010053). In November, CCIA and NetChoice submitted an amended complaint asking the district court to permanently enjoin Florida’s social media law (see 2411040033). However, Florida Attorney General Ashley Moody (R) responded by asking the court to dismiss the complaint “for lack of jurisdiction and failure to state a claim” (see 2411180038). NetChoice and CCIA responded Wednesday that SCOTUS eviscerated Florida’s argument that Facebook and other websites don’t engage in activity that the First Amendment protects when the platforms curate content. “With little left to say about the merits of Plaintiffs’ First Amendment claims, Florida offers a slew of new threshold objections, attacking everything from the way Plaintiffs organized their Amended Complaint to whether Plaintiffs have a cause of action to enjoin the enforcement of an unconstitutional statute. Florida’s arguments are meritless.”