Case: NetChoice v. Moody

4:21-cv-00220 | U.S. District Court for the Northern District of Florida

Filed Date: May 27, 2021

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a case about content regulation of social-media providers in Florida. On May 27, 2021, NetChoice and Computer & Communications Industry Association (two trade associations that seek to promote and protect free speech and free enterprise on the Internet) filed this lawsuit in the U.S. District Court for the Northern District of Florida. The trade associations sued Florida state officials, including the Attorney General of Florida, Deputy Secretary of the Florida Department of Management …

This is a case about content regulation of social-media providers in Florida. On May 27, 2021, NetChoice and Computer & Communications Industry Association (two trade associations that seek to promote and protect free speech and free enterprise on the Internet) filed this lawsuit in the U.S. District Court for the Northern District of Florida. The trade associations sued Florida state officials, including the Attorney General of Florida, Deputy Secretary of the Florida Department of Management Services, and the Florida Elections Commission under 42 U.S.C. § 1983 and Ex parte Young. Represented by private counsel, the trade associations sought an immediate injunction on a new state law that was set to go into effect on July 1, 2021. They also sought a declaration that the law was unconstitutional. They claimed that this law, Senate Bill 7072 ("Bill"), adopted by the 2021 Florida Legislature, infringed on freedom of speech, equal protection, and due process under the First and Fourteenth Amendments. They also claimed that this law exceeded the state of Florida’s authority under the U.S. Constitution’s Commerce Clause and was preempted by Section 230 of the Communications Decency Act.

Among other provisions, the Bill would have prohibited social-media providers in Florida from barring posts by any candidate for office, even if they posted alleged misinformation, incitements to violence, or other content that violated the providers’ standards. The Bill would also have limited providers’ ability to deploy algorithms for these candidates’ posts. Furthermore, while imposing a size requirement for providers to whom it was applicable, the Bill carved out an exception for local businesses.

In June 2021, several large public interest organizations filed amicus briefs in support of the plaintiffs. These included the American Civil Liberties Union, Electronic Frontier Foundation, and Internet Association.

On June 30, 2021, after briefs and oral arguments from both parties, Judge Robert Hinkle granted a preliminary injunction, enjoining “enforcement of the parts of the legislation that are preempted or violate the First Amendment.”

In its ruling, the court agreed with the plaintiffs that the Bill’s regulatory impositions about deplatforming and content control appeared to contradict federal law. Additionally, the court clarified that the First Amendment concerns government control of free speech—not private entities’ control, as the defendants suggested. Based on Supreme Court case law, the court determined that the Bill required analysis via the standard of strict scrutiny, and ultimately would not withstand it because “promoting speech on one side of an issue or restricting speech on the other . . . is not a legitimate state interest.”

In addition to plaintiffs’ likelihood of success, the court found the other factors for preliminary injunction easily satisfied: there would be irreparable injury to the plaintiffs without the injunction; there would be greater potential damages to plaintiffs without the injunction than damages from the injunction to defendants; and the injunction would not harm the public interest.

On July 12, 2021, Florida state officials appealed the preliminary injunction decision to the US Court of Appeals for the Eleventh Circuit. The appeal was assigned case number 21-12355-GG. Accordingly, on August 25, 2021, the district court stayed further proceedings until resolution of the appeal.

Summary Authors

Achutha Raman (9/24/2021)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/59942201/parties/netchoice-llc-v-moody/


Judge(s)

Fitzpatrick, Martin A. (Florida)

Hinkle, Robert Lewis (Florida)

Attorneys(s) for Plaintiff

Burhans, Glenn T (Florida)

Clark, Christopher Roy (Florida)

Eisenstein, Ilana H. (Pennsylvania)

Fabens-Lassen, Ben (Pennsylvania)

Green, Jonathan Allen (Pennsylvania)

Johnson, Steffen N. (District of Columbia)

Karanjia, Peter (District of Columbia)

Kilby, Douglas Lamar (Florida)

Judge(s)

Fitzpatrick, Martin A. (Florida)

Hinkle, Robert Lewis (Florida)

Attorneys(s) for Plaintiff

Burhans, Glenn T (Florida)

Clark, Christopher Roy (Florida)

Eisenstein, Ilana H. (Pennsylvania)

Fabens-Lassen, Ben (Pennsylvania)

Green, Jonathan Allen (Pennsylvania)

Johnson, Steffen N. (District of Columbia)

Karanjia, Peter (District of Columbia)

Kilby, Douglas Lamar (Florida)

Morrison, Danielle Therease (Pennsylvania)

Oprison, Christopher George (Florida)

Phillips, Joseph Trumon (Florida)

Smitha, Bridget Kellogg (Florida)

White, Lauren Gallo (California)

Willen, Brian M. (New York)

Yang, Meng Jia (California)

Attorneys(s) for Defendant

Barnes, Brian W (District of Columbia)

Bassett, Glen Allen (Florida)

Bell, Daniel William (Florida)

Cooper, Charles Justin (District of Columbia)

Masterman, Joseph (District of Columbia)

Thompson, David H. (District of Columbia)

Treadwell, Raymond Frederick (Florida)

Uthmeier, James William (Florida)

Winship, Blaine H (Florida)

Other Attorney(s)

Carome, Patrick J. (District of Columbia)

Greene, David Allen (California)

Holtzblatt, Ari (District of Columbia)

Homer, Peter Winslow (Florida)

Mackey, Aaron David (California)

Opsahl, Kurt Bradford (California)

Shullman, Deanna K. (Florida)

Siekkinen, Nury (District of Columbia)

Szoka, Berin (District of Columbia)

Walters, Lawrence G. (Florida)

Wolfson, Paul Reinherz (District of Columbia)

Documents in the Clearinghouse

Document

4:21-cv-00220

Docket [PACER]

Netchoice v. Moody

Aug. 25, 2021

Aug. 25, 2021

Docket
1

4:21-cv-00220

Complaint

Netchoice v. Moody

May 27, 2021

May 27, 2021

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/59942201/netchoice-llc-v-moody/

Last updated Sept. 2, 2022, 3:12 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT for Declaratory and Injunctive Relief against JASON TODD ALLEN, PATRICK GILLESPIE, JOHN MARTIN HAYES, ASHLEY BROOKE MOODY, JONI ALEXIS POITIER, KYMBERLEE CURRY SMITH ( Filing fee $ 402 receipt number AFLNDC-6111479.), filed by COMPUTER & COMMUNICATIONS INDUSTRY ASSOCIATION, NETCHOICE, LLC. (Attachments: # 1 Summons (Ashley Moody), # 2 Summons (Joni Poitier), # 3 Summons (Jason Allen), # 4 Summons (John Hayes), # 5 Summons (Kymberlee Smith), # 6 Summons (Patrick Gillespie)) (OPRISON, CHRISTOPHER) (Entered: 05/27/2021)

1 Summons (Ashley Moody)

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2 Summons (Joni Poitier)

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3 Summons (Jason Allen)

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4 Summons (John Hayes)

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5 Summons (Kymberlee Smith)

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6 Summons (Patrick Gillespie)

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May 27, 2021

May 27, 2021

Clearinghouse
1

COMPLAINT for Declaratory and Injunctive Relief against JASON TODD ALLEN, PATRICK GILLESPIE, JOHN MARTIN HAYES, ASHLEY BROOKE MOODY, JONI ALEXIS POITIER, KYMBERLEE CURRY SMITH ( Filing fee $ 402 receipt number AFLNDC-6111479.), filed by COMPUTER & COMMUNICATIONS INDUSTRY ASSOCIATION, NETCHOICE, LLC. (Attachments: # 1 Summons (Ashley Moody), # 2 Summons (Joni Poitier), # 3 Summons (Jason Allen), # 4 Summons (John Hayes), # 5 Summons (Kymberlee Smith), # 6 Summons (Patrick Gillespie)) (OPRISON, CHRISTOPHER) (Entered: 05/27/2021)

1 Summons (Ashley Moody)

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2 Summons (Joni Poitier)

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3 Summons (Jason Allen)

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4 Summons (John Hayes)

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5 Summons (Kymberlee Smith)

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6 Summons (Patrick Gillespie)

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May 27, 2021

May 27, 2021

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1

COMPLAINT for Declaratory and Injunctive Relief against JASON TODD ALLEN, PATRICK GILLESPIE, JOHN MARTIN HAYES, ASHLEY BROOKE MOODY, JONI ALEXIS POITIER, KYMBERLEE CURRY SMITH ( Filing fee $ 402 receipt number AFLNDC-6111479.), filed by COMPUTER & COMMUNICATIONS INDUSTRY ASSOCIATION, NETCHOICE, LLC. (Attachments: # 1 Summons (Ashley Moody), # 2 Summons (Joni Poitier), # 3 Summons (Jason Allen), # 4 Summons (John Hayes), # 5 Summons (Kymberlee Smith), # 6 Summons (Patrick Gillespie)) (OPRISON, CHRISTOPHER) (Entered: 05/27/2021)

1 Summons (Ashley Moody)

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2 Summons (Joni Poitier)

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3 Summons (Jason Allen)

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4 Summons (John Hayes)

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5 Summons (Kymberlee Smith)

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6 Summons (Patrick Gillespie)

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May 27, 2021

May 27, 2021

Clearinghouse
1

COMPLAINT for Declaratory and Injunctive Relief against JASON TODD ALLEN, PATRICK GILLESPIE, JOHN MARTIN HAYES, ASHLEY BROOKE MOODY, JONI ALEXIS POITIER, KYMBERLEE CURRY SMITH ( Filing fee $ 402 receipt number AFLNDC-6111479.), filed by COMPUTER & COMMUNICATIONS INDUSTRY ASSOCIATION, NETCHOICE, LLC. (Attachments: # 1 Summons (Ashley Moody), # 2 Summons (Joni Poitier), # 3 Summons (Jason Allen), # 4 Summons (John Hayes), # 5 Summons (Kymberlee Smith), # 6 Summons (Patrick Gillespie)) (OPRISON, CHRISTOPHER) (Entered: 05/27/2021)

1 Summons (Ashley Moody)

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2 Summons (Joni Poitier)

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3 Summons (Jason Allen)

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4 Summons (John Hayes)

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5 Summons (Kymberlee Smith)

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6 Summons (Patrick Gillespie)

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May 27, 2021

May 27, 2021

Clearinghouse
2

CIVIL COVER SHEET. (OPRISON, CHRISTOPHER) (Entered: 05/27/2021)

May 27, 2021

May 27, 2021

PACER
2

CIVIL COVER SHEET. (OPRISON, CHRISTOPHER) (Entered: 05/27/2021)

May 27, 2021

May 27, 2021

PACER
2

CIVIL COVER SHEET. (OPRISON, CHRISTOPHER) (Entered: 05/27/2021)

May 27, 2021

May 27, 2021

PACER
2

CIVIL COVER SHEET. (OPRISON, CHRISTOPHER) (Entered: 05/27/2021)

May 27, 2021

May 27, 2021

PACER
3

Corporate Disclosure Statement/Certificate of Interested Persons by COMPUTER & COMMUNICATIONS INDUSTRY ASSOCIATION, NETCHOICE, LLC. (OPRISON, CHRISTOPHER) (Entered: 05/27/2021)

May 27, 2021

May 27, 2021

PACER
3

Corporate Disclosure Statement/Certificate of Interested Persons by COMPUTER & COMMUNICATIONS INDUSTRY ASSOCIATION, NETCHOICE, LLC. (OPRISON, CHRISTOPHER) (Entered: 05/27/2021)

May 27, 2021

May 27, 2021

PACER
3

Corporate Disclosure Statement/Certificate of Interested Persons by COMPUTER & COMMUNICATIONS INDUSTRY ASSOCIATION, NETCHOICE, LLC. (OPRISON, CHRISTOPHER) (Entered: 05/27/2021)

May 27, 2021

May 27, 2021

PACER
3

Corporate Disclosure Statement/Certificate of Interested Persons by COMPUTER & COMMUNICATIONS INDUSTRY ASSOCIATION, NETCHOICE, LLC. (OPRISON, CHRISTOPHER) (Entered: 05/27/2021)

May 27, 2021

May 27, 2021

PACER
4

Summons Issued as to JASON TODD ALLEN and (Attachments: # 1 PATRICK GILLESPIE, # 2 JOHN MARTIN HAYES, # 3 ASHLEY BROOKE MOODY, # 4 JONI ALEXIS POITIER, # 5 KYMBERLEE CURRY SMITH) (blb) (Entered: 05/28/2021)

1 gi

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2 hay

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3 moo

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4 poi

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May 28, 2021

May 28, 2021

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4

Summons Issued as to JASON TODD ALLEN and (Attachments: # 1 PATRICK GILLESPIE, # 2 JOHN MARTIN HAYES, # 3 ASHLEY BROOKE MOODY, # 4 JONI ALEXIS POITIER, # 5 KYMBERLEE CURRY SMITH) (blb) (Entered: 05/28/2021)

1 gi

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2 hay

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3 moo

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4 poi

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5 smi

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May 28, 2021

May 28, 2021

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4

Summons Issued as to JASON TODD ALLEN and (Attachments: # 1 PATRICK GILLESPIE, # 2 JOHN MARTIN HAYES, # 3 ASHLEY BROOKE MOODY, # 4 JONI ALEXIS POITIER, # 5 KYMBERLEE CURRY SMITH) (blb) (Entered: 05/28/2021)

1 gi

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2 hay

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3 moo

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4 poi

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5 smi

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May 28, 2021

May 28, 2021

PACER
4

Summons Issued as to JASON TODD ALLEN and (Attachments: # 1 PATRICK GILLESPIE, # 2 JOHN MARTIN HAYES, # 3 ASHLEY BROOKE MOODY, # 4 JONI ALEXIS POITIER, # 5 KYMBERLEE CURRY SMITH) (blb) (Entered: 05/28/2021)

1 gi

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2 hay

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3 moo

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4 poi

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5 smi

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May 28, 2021

May 28, 2021

PACER
5

NOTICE of Appearance by DOUGLAS LAMAR KILBY on behalf of COMPUTER & COMMUNICATIONS INDUSTRY ASSOCIATION (KILBY, DOUGLAS) (Entered: 06/02/2021)

June 2, 2021

June 2, 2021

PACER
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NOTICE of Appearance by DOUGLAS LAMAR KILBY on behalf of COMPUTER & COMMUNICATIONS INDUSTRY ASSOCIATION (KILBY, DOUGLAS) (Entered: 06/02/2021)

June 2, 2021

June 2, 2021

PACER
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NOTICE of Appearance by DOUGLAS LAMAR KILBY on behalf of COMPUTER & COMMUNICATIONS INDUSTRY ASSOCIATION (KILBY, DOUGLAS) (Entered: 06/02/2021)

June 2, 2021

June 2, 2021

PACER
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NOTICE of Appearance by DOUGLAS LAMAR KILBY on behalf of COMPUTER & COMMUNICATIONS INDUSTRY ASSOCIATION (KILBY, DOUGLAS) (Entered: 06/02/2021)

June 2, 2021

June 2, 2021

PACER
6

First MOTION for Leave to File Excess Pages by COMPUTER & COMMUNICATIONS INDUSTRY ASSOCIATION. (KILBY, DOUGLAS) (Entered: 06/02/2021)

June 2, 2021

June 2, 2021

PACER
6

First MOTION for Leave to File Excess Pages by COMPUTER & COMMUNICATIONS INDUSTRY ASSOCIATION. (KILBY, DOUGLAS) (Entered: 06/02/2021)

June 2, 2021

June 2, 2021

PACER
6

First MOTION for Leave to File Excess Pages by COMPUTER & COMMUNICATIONS INDUSTRY ASSOCIATION. (KILBY, DOUGLAS) (Entered: 06/02/2021)

June 2, 2021

June 2, 2021

PACER
6

First MOTION for Leave to File Excess Pages by COMPUTER & COMMUNICATIONS INDUSTRY ASSOCIATION. (KILBY, DOUGLAS) (Entered: 06/02/2021)

June 2, 2021

June 2, 2021

PACER
7

ORDER GRANTING LEAVE TO EXCEED THE WORD LIMIT - Plaintiffs' motion, ECF No. 6, for leave to file a memorandum of excessive length in support of their anticipated motion for a preliminary injunction is granted. Signed by JUDGE ROBERT L HINKLE on 6/3/2021. (cle) (Entered: 06/03/2021)

June 3, 2021

June 3, 2021

PACER
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ORDER GRANTING LEAVE TO EXCEED THE WORD LIMIT - Plaintiffs' motion, ECF No. 6, for leave to file a memorandum of excessive length in support of their anticipated motion for a preliminary injunction is granted. Signed by JUDGE ROBERT L HINKLE on 6/3/2021. (cle) (Entered: 06/03/2021)

June 3, 2021

June 3, 2021

PACER
7

ORDER GRANTING LEAVE TO EXCEED THE WORD LIMIT - Plaintiffs' motion, ECF No. 6, for leave to file a memorandum of excessive length in support of their anticipated motion for a preliminary injunction is granted. Signed by JUDGE ROBERT L HINKLE on 6/3/2021. (cle) (Entered: 06/03/2021)

June 3, 2021

June 3, 2021

PACER
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ORDER GRANTING LEAVE TO EXCEED THE WORD LIMIT - Plaintiffs' motion, ECF No. 6, for leave to file a memorandum of excessive length in support of their anticipated motion for a preliminary injunction is granted. Signed by JUDGE ROBERT L HINKLE on 6/3/2021. (cle) (Entered: 06/03/2021)

June 3, 2021

June 3, 2021

PACER
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NOTICE of Appearance by GLENN T BURHANS, JR on behalf of COMPUTER & COMMUNICATIONS INDUSTRY ASSOCIATION (BURHANS, GLENN) (Entered: 06/03/2021)

June 3, 2021

June 3, 2021

PACER
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NOTICE of Appearance by GLENN T BURHANS, JR on behalf of COMPUTER & COMMUNICATIONS INDUSTRY ASSOCIATION (BURHANS, GLENN) (Entered: 06/03/2021)

June 3, 2021

June 3, 2021

PACER
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NOTICE of Appearance by GLENN T BURHANS, JR on behalf of COMPUTER & COMMUNICATIONS INDUSTRY ASSOCIATION (BURHANS, GLENN) (Entered: 06/03/2021)

June 3, 2021

June 3, 2021

PACER
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NOTICE of Appearance by GLENN T BURHANS, JR on behalf of COMPUTER & COMMUNICATIONS INDUSTRY ASSOCIATION (BURHANS, GLENN) (Entered: 06/03/2021)

June 3, 2021

June 3, 2021

PACER
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NOTICE of Appearance by BRIDGET KELLOGG SMITHA on behalf of COMPUTER & COMMUNICATIONS INDUSTRY ASSOCIATION (SMITHA, BRIDGET) (Entered: 06/03/2021)

June 3, 2021

June 3, 2021

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NOTICE of Appearance by BRIDGET KELLOGG SMITHA on behalf of COMPUTER & COMMUNICATIONS INDUSTRY ASSOCIATION (SMITHA, BRIDGET) (Entered: 06/03/2021)

June 3, 2021

June 3, 2021

PACER
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NOTICE of Appearance by BRIDGET KELLOGG SMITHA on behalf of COMPUTER & COMMUNICATIONS INDUSTRY ASSOCIATION (SMITHA, BRIDGET) (Entered: 06/03/2021)

June 3, 2021

June 3, 2021

PACER
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NOTICE of Appearance by BRIDGET KELLOGG SMITHA on behalf of COMPUTER & COMMUNICATIONS INDUSTRY ASSOCIATION (SMITHA, BRIDGET) (Entered: 06/03/2021)

June 3, 2021

June 3, 2021

PACER
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NOTICE of Appearance by CHRISTOPHER ROY CLARK on behalf of COMPUTER & COMMUNICATIONS INDUSTRY ASSOCIATION (CLARK, CHRISTOPHER) (Entered: 06/03/2021)

June 3, 2021

June 3, 2021

PACER
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NOTICE of Appearance by CHRISTOPHER ROY CLARK on behalf of COMPUTER & COMMUNICATIONS INDUSTRY ASSOCIATION (CLARK, CHRISTOPHER) (Entered: 06/03/2021)

June 3, 2021

June 3, 2021

PACER
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NOTICE of Appearance by CHRISTOPHER ROY CLARK on behalf of COMPUTER & COMMUNICATIONS INDUSTRY ASSOCIATION (CLARK, CHRISTOPHER) (Entered: 06/03/2021)

June 3, 2021

June 3, 2021

PACER
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NOTICE of Appearance by CHRISTOPHER ROY CLARK on behalf of COMPUTER & COMMUNICATIONS INDUSTRY ASSOCIATION (CLARK, CHRISTOPHER) (Entered: 06/03/2021)

June 3, 2021

June 3, 2021

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NOTICE of Appearance by JOSEPH TRUMON PHILLIPS on behalf of COMPUTER & COMMUNICATIONS INDUSTRY ASSOCIATION, NETCHOICE LLC (PHILLIPS, JOSEPH) (Entered: 06/03/2021)

June 3, 2021

June 3, 2021

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NOTICE of Appearance by JOSEPH TRUMON PHILLIPS on behalf of COMPUTER & COMMUNICATIONS INDUSTRY ASSOCIATION, NETCHOICE LLC (PHILLIPS, JOSEPH) (Entered: 06/03/2021)

June 3, 2021

June 3, 2021

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NOTICE of Appearance by JOSEPH TRUMON PHILLIPS on behalf of COMPUTER & COMMUNICATIONS INDUSTRY ASSOCIATION, NETCHOICE LLC (PHILLIPS, JOSEPH) (Entered: 06/03/2021)

June 3, 2021

June 3, 2021

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NOTICE of Appearance by JOSEPH TRUMON PHILLIPS on behalf of COMPUTER & COMMUNICATIONS INDUSTRY ASSOCIATION, NETCHOICE LLC (PHILLIPS, JOSEPH) (Entered: 06/03/2021)

June 3, 2021

June 3, 2021

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AFFIDAVIT of Service for Summons and Complaint for Declaratory and Injunctive Relief served on Ashley Brooke Moody, in her official capacity as Attorney General of the State of Florida on May 28, 2021, filed by COMPUTER & COMMUNICATIONS INDUSTRY ASSOCIATION, NETCHOICE LLC. (OPRISON, CHRISTOPHER) (Entered: 06/03/2021)

June 3, 2021

June 3, 2021

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AFFIDAVIT of Service for Summons and Complaint for Declaratory and Injunctive Relief served on Ashley Brooke Moody, in her official capacity as Attorney General of the State of Florida on May 28, 2021, filed by COMPUTER & COMMUNICATIONS INDUSTRY ASSOCIATION, NETCHOICE LLC. (OPRISON, CHRISTOPHER) (Entered: 06/03/2021)

June 3, 2021

June 3, 2021

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AFFIDAVIT of Service for Summons and Complaint for Declaratory and Injunctive Relief served on Ashley Brooke Moody, in her official capacity as Attorney General of the State of Florida on May 28, 2021, filed by COMPUTER & COMMUNICATIONS INDUSTRY ASSOCIATION, NETCHOICE LLC. (OPRISON, CHRISTOPHER) (Entered: 06/03/2021)

June 3, 2021

June 3, 2021

PACER
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AFFIDAVIT of Service for Summons and Complaint for Declaratory and Injunctive Relief served on Ashley Brooke Moody, in her official capacity as Attorney General of the State of Florida on May 28, 2021, filed by COMPUTER & COMMUNICATIONS INDUSTRY ASSOCIATION, NETCHOICE LLC. (OPRISON, CHRISTOPHER) (Entered: 06/03/2021)

June 3, 2021

June 3, 2021

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AFFIDAVIT of Service for Summons and Complaint for Declaratory and Injunctive Relief served on Joni Alexis Poitier, in her official capacity as Commissioner of the Florida Elections Commission on May 28, 2021, filed by COMPUTER & COMMUNICATIONS INDUSTRY ASSOCIATION, NETCHOICE LLC. (OPRISON, CHRISTOPHER) (Entered: 06/03/2021)

June 3, 2021

June 3, 2021

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AFFIDAVIT of Service for Summons and Complaint for Declaratory and Injunctive Relief served on Joni Alexis Poitier, in her official capacity as Commissioner of the Florida Elections Commission on May 28, 2021, filed by COMPUTER & COMMUNICATIONS INDUSTRY ASSOCIATION, NETCHOICE LLC. (OPRISON, CHRISTOPHER) (Entered: 06/03/2021)

June 3, 2021

June 3, 2021

PACER
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AFFIDAVIT of Service for Summons and Complaint for Declaratory and Injunctive Relief served on Joni Alexis Poitier, in her official capacity as Commissioner of the Florida Elections Commission on May 28, 2021, filed by COMPUTER & COMMUNICATIONS INDUSTRY ASSOCIATION, NETCHOICE LLC. (OPRISON, CHRISTOPHER) (Entered: 06/03/2021)

June 3, 2021

June 3, 2021

PACER
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AFFIDAVIT of Service for Summons and Complaint for Declaratory and Injunctive Relief served on Joni Alexis Poitier, in her official capacity as Commissioner of the Florida Elections Commission on May 28, 2021, filed by COMPUTER & COMMUNICATIONS INDUSTRY ASSOCIATION, NETCHOICE LLC. (OPRISON, CHRISTOPHER) (Entered: 06/03/2021)

June 3, 2021

June 3, 2021

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AFFIDAVIT of Service for Summons and Complaint for Declaratory and Injunctive Relief served on Jason Todd Allen, in his official capacity as Commissioner of the Florida Elections Commission on May 28, 2021, filed by COMPUTER & COMMUNICATIONS INDUSTRY ASSOCIATION, NETCHOICE LLC. (OPRISON, CHRISTOPHER) (Entered: 06/03/2021)

June 3, 2021

June 3, 2021

PACER
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AFFIDAVIT of Service for Summons and Complaint for Declaratory and Injunctive Relief served on Jason Todd Allen, in his official capacity as Commissioner of the Florida Elections Commission on May 28, 2021, filed by COMPUTER & COMMUNICATIONS INDUSTRY ASSOCIATION, NETCHOICE LLC. (OPRISON, CHRISTOPHER) (Entered: 06/03/2021)

June 3, 2021

June 3, 2021

PACER
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AFFIDAVIT of Service for Summons and Complaint for Declaratory and Injunctive Relief served on Jason Todd Allen, in his official capacity as Commissioner of the Florida Elections Commission on May 28, 2021, filed by COMPUTER & COMMUNICATIONS INDUSTRY ASSOCIATION, NETCHOICE LLC. (OPRISON, CHRISTOPHER) (Entered: 06/03/2021)

June 3, 2021

June 3, 2021

PACER
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AFFIDAVIT of Service for Summons and Complaint for Declaratory and Injunctive Relief served on Jason Todd Allen, in his official capacity as Commissioner of the Florida Elections Commission on May 28, 2021, filed by COMPUTER & COMMUNICATIONS INDUSTRY ASSOCIATION, NETCHOICE LLC. (OPRISON, CHRISTOPHER) (Entered: 06/03/2021)

June 3, 2021

June 3, 2021

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AFFIDAVIT of Service for Summons and Complaint for Declaratory and Injunctive Relief served on John Martin Hayes, in his official capacity as Commissioner of the Florida Elections Commission on May 28, 2021, filed by COMPUTER & COMMUNICATIONS INDUSTRY ASSOCIATION, NETCHOICE LLC. (OPRISON, CHRISTOPHER) (Entered: 06/03/2021)

June 3, 2021

June 3, 2021

PACER
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AFFIDAVIT of Service for Summons and Complaint for Declaratory and Injunctive Relief served on John Martin Hayes, in his official capacity as Commissioner of the Florida Elections Commission on May 28, 2021, filed by COMPUTER & COMMUNICATIONS INDUSTRY ASSOCIATION, NETCHOICE LLC. (OPRISON, CHRISTOPHER) (Entered: 06/03/2021)

June 3, 2021

June 3, 2021

PACER
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AFFIDAVIT of Service for Summons and Complaint for Declaratory and Injunctive Relief served on John Martin Hayes, in his official capacity as Commissioner of the Florida Elections Commission on May 28, 2021, filed by COMPUTER & COMMUNICATIONS INDUSTRY ASSOCIATION, NETCHOICE LLC. (OPRISON, CHRISTOPHER) (Entered: 06/03/2021)

June 3, 2021

June 3, 2021

PACER
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AFFIDAVIT of Service for Summons and Complaint for Declaratory and Injunctive Relief served on John Martin Hayes, in his official capacity as Commissioner of the Florida Elections Commission on May 28, 2021, filed by COMPUTER & COMMUNICATIONS INDUSTRY ASSOCIATION, NETCHOICE LLC. (OPRISON, CHRISTOPHER) (Entered: 06/03/2021)

June 3, 2021

June 3, 2021

PACER
16

AFFIDAVIT of Service for Summons and Complaint for Declaratory and Injunctive Relief served on Kymberlee Curry Smith, in her official capacity as Commissioner of the Florida Elections Commission on May 28, 2021, filed by COMPUTER & COMMUNICATIONS INDUSTRY ASSOCIATION, NETCHOICE LLC. (OPRISON, CHRISTOPHER) (Entered: 06/03/2021)

June 3, 2021

June 3, 2021

PACER
16

AFFIDAVIT of Service for Summons and Complaint for Declaratory and Injunctive Relief served on Kymberlee Curry Smith, in her official capacity as Commissioner of the Florida Elections Commission on May 28, 2021, filed by COMPUTER & COMMUNICATIONS INDUSTRY ASSOCIATION, NETCHOICE LLC. (OPRISON, CHRISTOPHER) (Entered: 06/03/2021)

June 3, 2021

June 3, 2021

PACER
16

AFFIDAVIT of Service for Summons and Complaint for Declaratory and Injunctive Relief served on Kymberlee Curry Smith, in her official capacity as Commissioner of the Florida Elections Commission on May 28, 2021, filed by COMPUTER & COMMUNICATIONS INDUSTRY ASSOCIATION, NETCHOICE LLC. (OPRISON, CHRISTOPHER) (Entered: 06/03/2021)

June 3, 2021

June 3, 2021

PACER
16

AFFIDAVIT of Service for Summons and Complaint for Declaratory and Injunctive Relief served on Kymberlee Curry Smith, in her official capacity as Commissioner of the Florida Elections Commission on May 28, 2021, filed by COMPUTER & COMMUNICATIONS INDUSTRY ASSOCIATION, NETCHOICE LLC. (OPRISON, CHRISTOPHER) (Entered: 06/03/2021)

June 3, 2021

June 3, 2021

PACER
17

AFFIDAVIT of Service for Summons and Complaint for Declaratory and Injunctive Relief served on Patrick Gillespie, in his official capacity as Deputy Secretary of Business Operations of the Florida Department of Management Services on May 28, 2021, filed by COMPUTER & COMMUNICATIONS INDUSTRY ASSOCIATION, NETCHOICE LLC. (OPRISON, CHRISTOPHER) (Entered: 06/03/2021)

June 3, 2021

June 3, 2021

PACER
17

AFFIDAVIT of Service for Summons and Complaint for Declaratory and Injunctive Relief served on Patrick Gillespie, in his official capacity as Deputy Secretary of Business Operations of the Florida Department of Management Services on May 28, 2021, filed by COMPUTER & COMMUNICATIONS INDUSTRY ASSOCIATION, NETCHOICE LLC. (OPRISON, CHRISTOPHER) (Entered: 06/03/2021)

June 3, 2021

June 3, 2021

PACER
17

AFFIDAVIT of Service for Summons and Complaint for Declaratory and Injunctive Relief served on Patrick Gillespie, in his official capacity as Deputy Secretary of Business Operations of the Florida Department of Management Services on May 28, 2021, filed by COMPUTER & COMMUNICATIONS INDUSTRY ASSOCIATION, NETCHOICE LLC. (OPRISON, CHRISTOPHER) (Entered: 06/03/2021)

June 3, 2021

June 3, 2021

PACER
17

AFFIDAVIT of Service for Summons and Complaint for Declaratory and Injunctive Relief served on Patrick Gillespie, in his official capacity as Deputy Secretary of Business Operations of the Florida Department of Management Services on May 28, 2021, filed by COMPUTER & COMMUNICATIONS INDUSTRY ASSOCIATION, NETCHOICE LLC. (OPRISON, CHRISTOPHER) (Entered: 06/03/2021)

June 3, 2021

June 3, 2021

PACER
18

MOTION to Appear Pro Hac Vice by Lauren Gallo White.( Filing fee $ 208 receipt number AFLNDC-6120416.) by COMPUTER & COMMUNICATIONS INDUSTRY ASSOCIATION. (Attachments: # 1 Exhibit Certificate of Good Standing) (BURHANS, GLENN) (Entered: 06/03/2021)

June 3, 2021

June 3, 2021

PACER
18

MOTION to Appear Pro Hac Vice by Lauren Gallo White.( Filing fee $ 208 receipt number AFLNDC-6120416.) by COMPUTER & COMMUNICATIONS INDUSTRY ASSOCIATION. (Attachments: # 1 Exhibit Certificate of Good Standing) (BURHANS, GLENN) (Entered: 06/03/2021)

June 3, 2021

June 3, 2021

PACER
18

MOTION to Appear Pro Hac Vice by Lauren Gallo White.( Filing fee $ 208 receipt number AFLNDC-6120416.) by COMPUTER & COMMUNICATIONS INDUSTRY ASSOCIATION. (Attachments: # 1 Exhibit Certificate of Good Standing) (BURHANS, GLENN) (Entered: 06/03/2021)

June 3, 2021

June 3, 2021

PACER
18

MOTION to Appear Pro Hac Vice by Lauren Gallo White.( Filing fee $ 208 receipt number AFLNDC-6120416.) by COMPUTER & COMMUNICATIONS INDUSTRY ASSOCIATION. (Attachments: # 1 Exhibit Certificate of Good Standing) (BURHANS, GLENN) (Entered: 06/03/2021)

June 3, 2021

June 3, 2021

PACER
19

MOTION to Appear Pro Hac Vice( Filing fee $ 208 receipt number AFLNDC-6120468.) by COMPUTER & COMMUNICATIONS INDUSTRY ASSOCIATION. (Attachments: # 1 Exhibit Certificate of Good Standing) (KILBY, DOUGLAS) (Entered: 06/03/2021)

June 3, 2021

June 3, 2021

PACER
19

MOTION to Appear Pro Hac Vice( Filing fee $ 208 receipt number AFLNDC-6120468.) by COMPUTER & COMMUNICATIONS INDUSTRY ASSOCIATION. (Attachments: # 1 Exhibit Certificate of Good Standing) (KILBY, DOUGLAS) (Entered: 06/03/2021)

June 3, 2021

June 3, 2021

PACER
19

MOTION to Appear Pro Hac Vice( Filing fee $ 208 receipt number AFLNDC-6120468.) by COMPUTER & COMMUNICATIONS INDUSTRY ASSOCIATION. (Attachments: # 1 Exhibit Certificate of Good Standing) (KILBY, DOUGLAS) (Entered: 06/03/2021)

June 3, 2021

June 3, 2021

PACER
19

MOTION to Appear Pro Hac Vice( Filing fee $ 208 receipt number AFLNDC-6120468.) by COMPUTER & COMMUNICATIONS INDUSTRY ASSOCIATION. (Attachments: # 1 Exhibit Certificate of Good Standing) (KILBY, DOUGLAS) (Entered: 06/03/2021)

June 3, 2021

June 3, 2021

PACER
20

MOTION to Appear Pro Hac Vice by Brian M. Willen.( Filing fee $ 208 receipt number AFLNDC-6120479.) by COMPUTER & COMMUNICATIONS INDUSTRY ASSOCIATION. (Attachments: # 1 Exhibit Certificate of Good Standing) (KILBY, DOUGLAS) (Entered: 06/03/2021)

June 3, 2021

June 3, 2021

PACER
20

MOTION to Appear Pro Hac Vice by Brian M. Willen.( Filing fee $ 208 receipt number AFLNDC-6120479.) by COMPUTER & COMMUNICATIONS INDUSTRY ASSOCIATION. (Attachments: # 1 Exhibit Certificate of Good Standing) (KILBY, DOUGLAS) (Entered: 06/03/2021)

June 3, 2021

June 3, 2021

PACER
20

MOTION to Appear Pro Hac Vice by Brian M. Willen.( Filing fee $ 208 receipt number AFLNDC-6120479.) by COMPUTER & COMMUNICATIONS INDUSTRY ASSOCIATION. (Attachments: # 1 Exhibit Certificate of Good Standing) (KILBY, DOUGLAS) (Entered: 06/03/2021)

June 3, 2021

June 3, 2021

PACER
20

MOTION to Appear Pro Hac Vice by Brian M. Willen.( Filing fee $ 208 receipt number AFLNDC-6120479.) by COMPUTER & COMMUNICATIONS INDUSTRY ASSOCIATION. (Attachments: # 1 Exhibit Certificate of Good Standing) (KILBY, DOUGLAS) (Entered: 06/03/2021)

June 3, 2021

June 3, 2021

PACER
21

MOTION to Appear Pro Hac Vice by Steffen N. Johnson.( Filing fee $ 208 receipt number AFLNDC-6120484.) by COMPUTER & COMMUNICATIONS INDUSTRY ASSOCIATION. (Attachments: # 1 Exhibit Certificate of Good Standing) (KILBY, DOUGLAS) (Entered: 06/03/2021)

June 3, 2021

June 3, 2021

PACER
21

MOTION to Appear Pro Hac Vice by Steffen N. Johnson.( Filing fee $ 208 receipt number AFLNDC-6120484.) by COMPUTER & COMMUNICATIONS INDUSTRY ASSOCIATION. (Attachments: # 1 Exhibit Certificate of Good Standing) (KILBY, DOUGLAS) (Entered: 06/03/2021)

June 3, 2021

June 3, 2021

PACER
21

MOTION to Appear Pro Hac Vice by Steffen N. Johnson.( Filing fee $ 208 receipt number AFLNDC-6120484.) by COMPUTER & COMMUNICATIONS INDUSTRY ASSOCIATION. (Attachments: # 1 Exhibit Certificate of Good Standing) (KILBY, DOUGLAS) (Entered: 06/03/2021)

June 3, 2021

June 3, 2021

PACER
21

MOTION to Appear Pro Hac Vice by Steffen N. Johnson.( Filing fee $ 208 receipt number AFLNDC-6120484.) by COMPUTER & COMMUNICATIONS INDUSTRY ASSOCIATION. (Attachments: # 1 Exhibit Certificate of Good Standing) (KILBY, DOUGLAS) (Entered: 06/03/2021)

June 3, 2021

June 3, 2021

PACER
22

First MOTION for Preliminary Injunction and Expedited Consideration by COMPUTER & COMMUNICATIONS INDUSTRY ASSOCIATION. (KILBY, DOUGLAS) (Entered: 06/03/2021)

June 3, 2021

June 3, 2021

RECAP
22

First MOTION for Preliminary Injunction and Expedited Consideration by COMPUTER & COMMUNICATIONS INDUSTRY ASSOCIATION. (KILBY, DOUGLAS) (Entered: 06/03/2021)

June 3, 2021

June 3, 2021

RECAP
22

First MOTION for Preliminary Injunction and Expedited Consideration by COMPUTER & COMMUNICATIONS INDUSTRY ASSOCIATION. (KILBY, DOUGLAS) (Entered: 06/03/2021)

June 3, 2021

June 3, 2021

RECAP
22

First MOTION for Preliminary Injunction and Expedited Consideration by COMPUTER & COMMUNICATIONS INDUSTRY ASSOCIATION. (KILBY, DOUGLAS) (Entered: 06/03/2021)

June 3, 2021

June 3, 2021

RECAP
23

AFFIDAVIT re 22 First MOTION for Preliminary Injunction and Expedited Consideration by COMPUTER & COMMUNICATIONS INDUSTRY ASSOCIATION. (Attachments: # 1 Affidavit) (KILBY, DOUGLAS) (Entered: 06/03/2021)

June 3, 2021

June 3, 2021

PACER
23

AFFIDAVIT re 22 First MOTION for Preliminary Injunction and Expedited Consideration by COMPUTER & COMMUNICATIONS INDUSTRY ASSOCIATION. (Attachments: # 1 Affidavit) (KILBY, DOUGLAS) (Entered: 06/03/2021)

June 3, 2021

June 3, 2021

PACER
23

AFFIDAVIT re 22 First MOTION for Preliminary Injunction and Expedited Consideration by COMPUTER & COMMUNICATIONS INDUSTRY ASSOCIATION. (Attachments: # 1 Affidavit) (KILBY, DOUGLAS) (Entered: 06/03/2021)

June 3, 2021

June 3, 2021

PACER
23

AFFIDAVIT re 22 First MOTION for Preliminary Injunction and Expedited Consideration by COMPUTER & COMMUNICATIONS INDUSTRY ASSOCIATION. (Attachments: # 1 Affidavit) (KILBY, DOUGLAS) (Entered: 06/03/2021)

June 3, 2021

June 3, 2021

PACER
24

AFFIDAVIT re 22 First MOTION for Preliminary Injunction and Expedited Consideration by COMPUTER & COMMUNICATIONS INDUSTRY ASSOCIATION. (Attachments: # 1 Affidavit) (KILBY, DOUGLAS) (Entered: 06/03/2021)

June 3, 2021

June 3, 2021

PACER
24

AFFIDAVIT re 22 First MOTION for Preliminary Injunction and Expedited Consideration by COMPUTER & COMMUNICATIONS INDUSTRY ASSOCIATION. (Attachments: # 1 Affidavit) (KILBY, DOUGLAS) (Entered: 06/03/2021)

June 3, 2021

June 3, 2021

PACER
24

AFFIDAVIT re 22 First MOTION for Preliminary Injunction and Expedited Consideration by COMPUTER & COMMUNICATIONS INDUSTRY ASSOCIATION. (Attachments: # 1 Affidavit) (KILBY, DOUGLAS) (Entered: 06/03/2021)

June 3, 2021

June 3, 2021

PACER
24

AFFIDAVIT re 22 First MOTION for Preliminary Injunction and Expedited Consideration by COMPUTER & COMMUNICATIONS INDUSTRY ASSOCIATION. (Attachments: # 1 Affidavit) (KILBY, DOUGLAS) (Entered: 06/03/2021)

June 3, 2021

June 3, 2021

PACER
25

AFFIDAVIT re 22 First MOTION for Preliminary Injunction and Expedited Consideration by COMPUTER & COMMUNICATIONS INDUSTRY ASSOCIATION. (Attachments: # 1 Affidavit) (KILBY, DOUGLAS) (Entered: 06/03/2021)

June 3, 2021

June 3, 2021

PACER
25

AFFIDAVIT re 22 First MOTION for Preliminary Injunction and Expedited Consideration by COMPUTER & COMMUNICATIONS INDUSTRY ASSOCIATION. (Attachments: # 1 Affidavit) (KILBY, DOUGLAS) (Entered: 06/03/2021)

June 3, 2021

June 3, 2021

PACER
25

AFFIDAVIT re 22 First MOTION for Preliminary Injunction and Expedited Consideration by COMPUTER & COMMUNICATIONS INDUSTRY ASSOCIATION. (Attachments: # 1 Affidavit) (KILBY, DOUGLAS) (Entered: 06/03/2021)

June 3, 2021

June 3, 2021

PACER
25

AFFIDAVIT re 22 First MOTION for Preliminary Injunction and Expedited Consideration by COMPUTER & COMMUNICATIONS INDUSTRY ASSOCIATION. (Attachments: # 1 Affidavit) (KILBY, DOUGLAS) (Entered: 06/03/2021)

June 3, 2021

June 3, 2021

PACER

Case Details

State / Territory: Florida

Case Type(s):

Speech and Religious Freedom

Key Dates

Filing Date: May 27, 2021

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Two trade associations of online businesses that share the goal of promoting and protecting free speech and free enterprise on the Internet

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Florida Elections Commission, State

Attorney General of Florida, State

Deputy Secretary of the Florida Department of Management Services, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Equal Protection

Freedom of speech/association

Availably Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted