CCIA, NetChoice File Supreme Court Reply Brief On First Amendment Issues In Texas Social Media Case

BY Heather Greenfield
May 19, 2022

Washington – The Computer & Communications Industry Association jointly filed a reply brief to the U.S. Supreme Court today with NetChoice asking the Court to halt enforcement of the Texas social media law HB 20 on First Amendment grounds. The brief states that most arguments Texas Attorney General Paxton makes can be discussed when the full case is reviewed, but the First Amendment problems with the Texas law are clear enough that it should be blocked until judges can give it full review.

With this filing today, the Supreme Court will have all the material Justice Samuel Alito requested ahead of responding to the emergency brief CCIA and NetChoice filed Friday after the Fifth Circuit issued a split, one-sentence order allowing HB20 to go fully into effect. Since then, 8 “friend of the court” briefs representing nearly 40 diverse organizations and Internet law experts were filed on the need to halt this attack on the Constitution.

CCIA has advocated for free speech online for more than 25 years. This effort has included protecting the First Amendment right for citizens and businesses to exercise both the right to speak and not to be compelled to speak online.

The following can be attributed to CCIA President Matt Schruers: 

“We look forward to the Supreme Court considering this issue as the Texas social media law is a serious threat to free speech protections under the First Amendment. The risk to internet users is too great for this law to be allowed to take effect without judicial review of the momentous First Amendment issues at stake if platforms were forced to disseminate anything from Russian propaganda to white supremacist rants to terrorist organization recruitment material. This shocking attack on free speech rights should not proceed until its repercussions can be fully evaluated by the judiciary.”

For media inquiries, please contact Heather Greenfield [email protected]

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