CCIA Files Brief As Florida Appeals Decision That Blocked Its Unconstitutional Content Moderation Law

BY Heather Greenfield
November 9, 2021

Washington — The Computer & Communications Industry Association and NetChoice have co-filed a brief  in the appeal of Florida’s content moderation legislation which a judge enjoined as unconstitutional. The brief argues that the court correctly found the law infringes on freedom of speech rights granted by the First Amendment, and appears to target some platforms for must carry material, while exempting others from Florida’s new restrictions that violate federal law.

The legislation would have allowed anyone from a foreign government spreading propaganda to those spreading terrorist content to sue if a digital service declined to host their material.

The plaintiffs previously filed a lawsuit and motion to block Florida’s law. The judge ruled the legislation was unconstitutional, and then Florida’s attorney general appealed that decision.

CCIA has advocated for free speech online for more than 25 years. This includes the First Amendment right for private companies to determine what material is appropriate for their communities. The following can be attributed to CCIA President Matt Schruers:

“Digital services invest in protecting Internet users from dangerous and harmful content and behavior, whether it is extremists glorifying violence against Americans or trolls promoting self-harm, and a federal court has already agreed with us that Florida’s law would thwart those efforts.  Policymakers shouldn’t guarantee safe spaces online for anti-American extremists, predators, or foreign agents spreading misinformation.”

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