A legal challenge to Florida’s social media law, SB7072, is set to return to federal court on Tuesday for the first time since a key ruling by the U.S. Supreme Court last year.
The Computer & Communications Industry Association (CCIA) and NetChoice, who are challenging the law, argue that SB7072 violates the First Amendment by attempting to regulate online speech and the editorial decisions of social media platforms.
They contend that the First Amendment protects against government entities that are compelling businesses to display specific speech.
The case previously reached the Supreme Court, which last July issued a ruling affirming that online speech, including the editorial choices made by platforms, is entitled to First Amendment protection.
The high court then sent the case back to the lower court, instructing the parties to further litigate the scope of the First Amendment challenge and proceed to the merits of the plaintiffs’ claims.
However, according to the CCIA and NetChoice, instead of following the Supreme Court’s directive to address the merits, the state of Florida filed a motion seeking to dismiss the case on technical grounds. That motion is scheduled to be argued on Tuesday before Judge Robert Hinkle in the Northern District of Florida.
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“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,” Stephanie Joyce, Senior Vice President and Chief of Staff and Director of CCIA’s Litigation Center, said in a statement. “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.”
Tuesday’s hearing will focus on the state’s motion to dismiss, rather than the underlying constitutional challenge to the law itself, setting the stage for the next phase in the ongoing legal battle over Florida’s attempt to regulate major online platforms.
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