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Constitutional Law Keyed to Paulsen
NetChoice, LLC v. Attorney General, State of Florida
Citation:
34 F.4th 1196 (2022)Facts
Florida enacted S.B. 7072 in response to perceived bias by “big tech oligarchs” against conservative viewpoints. The law applies to large social media platforms with annual revenues exceeding $100 million or at least 100 million monthly users globally. The statute prohibits platforms from deplatforming political candidates, deprioritizing content by or about candidates, and censoring journalistic enterprises based on content. It also imposes consistency requirements, limits on rule changes, user opt-out provisions, and extensive disclosure obligations including providing “thorough rationales” for every content moderation decision. NetChoice and CCIA, representing major platforms like Facebook, Twitter, YouTube, and TikTok, sued Florida officials under 42 U.S.C. § 1983, seeking to enjoin enforcement on First Amendment and federal preemption grounds. The district court granted a preliminary injunction against the entire law.
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