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. No. 21-12355-GG. Accordingly, on August 25, 2021, the district court stayed further proceedings until resolution of the appeal.
 
On May 23, 2022, the Eleventh Circuit affirmed and vacated in part the district court’s opinion and remanded it back down for revision according to its judgment. Circuit Judge Kevin C. Newsom held that the media platforms engaged in First-Amendment-protected activity, and the media platforms were not common carriers. All but one of the statutory provisions triggered First Amendment strict scrutiny because the entire bill was motivated by the state’s viewpoint-based purpose to defend conservatives’ speech from perceived liberal big tech bias.
 
The circuit court further held the media platforms were not likely to succeed on the merits of their claim that every challenged provision was per se invalid because of the Bill's viewpoint-based motivation. The relevant provisions of S.B. 7072—which are codified at Fla. Stat. §§ 106.072 and 501.20412—could be divided into three categories: (1) content-moderation restrictions, (2) disclosure obligations, and (3) a user-data requirement. 
 
However, the platforms were likely to succeed on three claims:

  1. That prohibitions against de-platforming candidates, deprioritizing and “shadow-banning” content, and censoring “journalistic enterprises” violated the First Amendment, 
  2. That requiring media platforms to apply their standards in a consistent manner and allowing users to opt-out of their algorithms, and limiting changes to their user agreements violated First Amendment, and
  3. That the requirement that they provide notice and detailed justification for every content-moderation action was unduly burdensome.

The circuit court thus left the injunction against the provisions relevant to the above claims. The court vacated the injunction on the disclosure provision because it was not likely a constitutional violation. 34 F.4th 1196.
 
On June 16, 2022, the parties jointly filed a motion to stay the case in the Eleventh Circuit. The court granted it five days later pending their future petition for a writ of certiorari to the U.S. Supreme Court. The parties filed similar motions to extend the stay in the district court on June 16, 2022. The district court granted the motion on June 18. The defendants filed their notice for a writ of certiorari on September 23, 2022. As of October 29, 2022, the case is pending.

Summary Authors

Achutha Raman (9/24/2021)

Calvin Kim (10/29/2022)

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
131

4:21-cv-00220

21-12355

Opinion of the Court

NetChoice, LLC v. Attorney General, State of Florida

U. S. Court of Appeals for the Eleventh Circuit

May 23, 2022

May 23, 2022

Order/Opinion

Docket

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

Last updated Jan. 9, 2023, 10:49 p.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
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
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
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
8

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
9

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
10

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
11

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

PACER
12

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
13

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
14

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
15

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
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
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
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
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)

1 Affidavit

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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)

1 Affidavit

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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)

1 Affidavit

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June 3, 2021

June 3, 2021

PACER
26

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)

1 Affidavit

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June 3, 2021

June 3, 2021

PACER
27

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)

1 Affidavit

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June 3, 2021

June 3, 2021

PACER
28

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)

1 Affidavit

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June 3, 2021

June 3, 2021

PACER
29

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)

1 Affidavit

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June 3, 2021

June 3, 2021

PACER
30

Memorandum of Law in Support of 22 Motion for Preliminary Injunction by COMPUTER & COMMUNICATIONS INDUSTRY ASSOCIATION. (KILBY, DOUGLAS) Modified on 6/23/2021 to reflect title and terminate as this is not a motion (ckm). (Entered: 06/03/2021)

June 3, 2021

June 3, 2021

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31

ORDER SETTING A SCHEDULING CONFERENCE. Signed by JUDGE ROBERT L HINKLE on 6/4/21. (sms) By separate notice, the clerk must set a scheduling conference for June 10, 2021, at 2:00 p.m., by telephone.(cle) (Entered: 06/04/2021)

June 4, 2021

June 4, 2021

RECAP

ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed re: 18 MOTION to Appear Pro Hac Vice by Lauren Gallo White, 19 MOTION to Appear Pro Hac Vice, 20 MOTION to Appear Pro Hac Vice by Brian M. Willen, and 21 MOTION to Appear Pro Hac Vice by Steffen N. Johnson. Referred to MARTIN A FITZPATRICK. (cle)

June 4, 2021

June 4, 2021

PACER

Action Required by Magistrate Judge

June 4, 2021

June 4, 2021

PACER
32

NOTICE OF TELEPHONIC HEARING: Telephonic Scheduling Conference set for 6/10/2021 02:00 PM before JUDGE ROBERT L HINKLE. Call in number: 888-684-8852Access code: 3243416#Security code: 1234#Proceedings may not be recorded or otherwise broadcast for public dissemination. s/ Cindy MarkleyCourtroom Deputy Clerk (ckm) (Entered: 06/07/2021)

June 7, 2021

June 7, 2021

PACER
33

ORDER - granting 18 Motion to Appear Pro Hac Vice - re: LAUREN GALLO WHITE for NETCHOICE, LLC. and CCIA. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 6/7/2021. (cle) (Entered: 06/07/2021)

June 7, 2021

June 7, 2021

PACER
34

ORDER - granting 19 Motion to Appear Pro Hac Vice - re: MENG JIA YANG for NETCHOICE, LLC. and CCIA. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 6/7/2021. (cle) (Entered: 06/07/2021)

June 7, 2021

June 7, 2021

PACER
35

ORDER - granting 20 Motion to Appear Pro Hac Vice - re: BRIAN MICHAEL WILLEN for NETCHOICE, LLC. and CCIA. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 6/7/2021. (cle) (Entered: 06/07/2021)

June 7, 2021

June 7, 2021

PACER
36

ORDER - granting 21 Motion to Appear Pro Hac Vice - re: STEFFEN N. JOHNSON for NETCHOICE, LLC. and CCIA. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 6/7/2021. (cle) (Entered: 06/07/2021)

June 7, 2021

June 7, 2021

PACER
37

STATUS REPORT re: Compliance with Scheduling Order by COMPUTER & COMMUNICATIONS INDUSTRY ASSOCIATION. (KILBY, DOUGLAS) (Entered: 06/09/2021)

June 9, 2021

June 9, 2021

PACER
38

MOTION to Appear Pro Hac Vice by Peter Karanjia.( Filing fee $ 208 receipt number AFLNDC-6128887.) by COMPUTER & COMMUNICATIONS INDUSTRY ASSOCIATION, NETCHOICE LLC. (Attachments: # 1 Exhibit) (KARANJIA, PETER) (Entered: 06/09/2021)

June 9, 2021

June 9, 2021

PACER
39

MOTION to Appear Pro Hac Vice by Ben C. Fabens-Lassen.( Filing fee $ 208 receipt number AFLNDC-6128913.) by COMPUTER & COMMUNICATIONS INDUSTRY ASSOCIATION, NETCHOICE LLC. (Attachments: # 1 Exhibit) (FABENS-LASSEN, BEN) (Entered: 06/09/2021)

June 9, 2021

June 9, 2021

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40

MOTION to Appear Pro Hac Vice by Jonathan Green.( Filing fee $ 208 receipt number AFLNDC-6128965.) by COMPUTER & COMMUNICATIONS INDUSTRY ASSOCIATION, NETCHOICE LLC. (Attachments: # 1 Exhibit) (GREEN, JONATHAN) (Entered: 06/09/2021)

June 9, 2021

June 9, 2021

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41

MOTION to Appear Pro Hac Vice by Danielle T. Morrison.( Filing fee $ 208 receipt number AFLNDC-6128989.) by COMPUTER & COMMUNICATIONS INDUSTRY ASSOCIATION, NETCHOICE LLC. (Attachments: # 1 Exhibit) (MORRISON, DANIELLE) (Entered: 06/09/2021)

June 9, 2021

June 9, 2021

PACER
42

PLAINTIFFS' MOTION FOR ADMISSION PRO HAC VICE (ILANA H. EISENSTEIN).( Filing fee $ 208 receipt number AFLNDC-6129676.) by COMPUTER & COMMUNICATIONS INDUSTRY ASSOCIATION, NETCHOICE LLC. (Attachments: # 1 Exhibit) (EISENSTEIN, ILANA) Modified to edit title on 6/10/2021 (rcb). Modified on 6/16/2021 (lsd). (Entered: 06/10/2021)

June 10, 2021

June 10, 2021

PACER
43

NOTICE of Appearance by BLAINE H WINSHIP on behalf of JASON TODD ALLEN, JOHN MARTIN HAYES, ASHLEY BROOKE MOODY, JONI ALEXIS POITIER, KYMBERLEE CURRY SMITH (WINSHIP, BLAINE) (Entered: 06/10/2021)

June 10, 2021

June 10, 2021

PACER
44

NOTICE of Appearance by GLEN ALLEN BASSETT on behalf of JASON TODD ALLEN, JOHN MARTIN HAYES, ASHLEY BROOKE MOODY, JONI ALEXIS POITIER, KYMBERLEE CURRY SMITH (BASSETT, GLEN) (Entered: 06/10/2021)

June 10, 2021

June 10, 2021

PACER
45

MOTION to Appear Pro Hac Vice by Brian W. Barnes.( Filing fee $ 208 receipt number AFLNDC-6130659.) by PATRICK GILLESPIE. (Attachments: # 1 Exhibit A - Certificate of Good Standing) (BARNES, BRIAN) (Entered: 06/10/2021)

1 Exhibit A - Certificate of Good Standing

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June 10, 2021

June 10, 2021

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46

ORDER - The motion for leave to appear pro hac vice, ECF No. 38, is GRANTED.(Appointed PETER KARANJIA for COMPUTER & COMMUNICATIONS INDUSTRY ASSOCIATION and NETCHOICE LLC. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 6/10/2021. (cle) (Entered: 06/10/2021)

June 10, 2021

June 10, 2021

PACER
47

ORDER - The motion for leave to appear pro hac vice, ECF No. 39, is GRANTED. Attorney Ben C. Labens-Lassen is appointed for Plaintiffs. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 6/10/2021. (cle) (Entered: 06/10/2021)

June 10, 2021

June 10, 2021

PACER
48

ORDER - The motion for leave to appear pro hac vice, ECF No. 40, is GRANTED. Attorney Jonathan Allen Green is appointed for Plaintiffs. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 6/10/2021. (cle) (Entered: 06/10/2021)

June 10, 2021

June 10, 2021

PACER
49

ORDER - The motion for leave to appear pro hac vice, ECF No. 41, is GRANTED. Danielle T. Morrison is appointed for Plaintiffs. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 6/10/2021. (cle) (Entered: 06/10/2021)

June 10, 2021

June 10, 2021

PACER
50

Minute Entry for proceedings held before JUDGE ROBERT L HINKLE: Telephonic Scheduling Conference held on 6/10/2021. An order setting the schedule is forthcoming. (Court Reporter Lisa Snyder.) (kjw) (Entered: 06/10/2021)

June 10, 2021

June 10, 2021

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ORDER SETTING THE PRELIMINARY-INJUNCTION SCHEDULE - The defendants must file by 6/21/2021, a memorandum and any evidence on which they rely in opposition to the preliminary-injunction motion. The plaintiffs may file a reply memorandum by 6/24/2021. By separate notice, the clerk must set a video hearing on the motion on June 28, 2021, at 1:30 p.m. The time limit is one hour per side. Signed by JUDGE ROBERT L HINKLE on 6/10/2021. (cle) (Entered: 06/11/2021)

June 10, 2021

June 10, 2021

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INITIAL SCHEDULING ORDER - Fed.R.Civ.P. 7.1 Corporate Disclosure Statement Deadline set for 6/24/2021. Answer due by 7/15/2021. Attorney Conference due by 7/19/2021. Rule 26 Meeting Report due by 8/2/2021. Discovery due by 11/15/2021. Jury Trial set for 2/22/2022 at 8:15 AM in U.S. Courthouse Tallahassee before JUDGE ROBERT L HINKLE. Signed by JUDGE ROBERT L HINKLE on 6/10/2021. (cle) (Entered: 06/11/2021)

June 10, 2021

June 10, 2021

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ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed re: 38 MOTION to Appear Pro Hac Vice by Peter Karanjia, 39 MOTION to Appear Pro Hac Vice by Ben C. Fabens-Lassen, 40 MOTION to Appear Pro Hac Vice by Jonathan Green, and 41 MOTION to Appear Pro Hac Vice by Danielle T. Morrison. Referred to MARTIN A FITZPATRICK. (cle)

June 10, 2021

June 10, 2021

PACER

Action Required by Magistrate Judge

June 10, 2021

June 10, 2021

PACER

ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: 42 PLAINTIFFS'MOTION FOR ADMISSION PRO HAC VICE(ILANA H. EISENSTEIN) Referred to MARTIN A FITZPATRICK. (rcb)

June 10, 2021

June 10, 2021

PACER

ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed re: 45 MOTION to Appear Pro Hac Vice by Brian W. Barnes. Referred to MARTIN A FITZPATRICK. (cle)

June 10, 2021

June 10, 2021

PACER
53

Unopposed MOTION for Leave to File Brief as Amicus Curiae in Support of Plaintiffs' Motion for Preliminary Injunction by TechFreedom. (Internal deadline for referral to judge if response not filed earlier: 6/25/2021). (Attachments: # 1 Exhibit Amicus Brief) (WALTERS, LAWRENCE) Modified on 6/14/2021 to reflect document title (ckm). (Entered: 06/11/2021)

June 11, 2021

June 11, 2021

PACER
54

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Telephonic Scheduling Conference held on 6/10/2021, before Judge Robert Hinkle. Court Reporter/Transcriber Lisa Snyder, Telephone number 8505671374. Tape Number: lisasnydercr@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/18/2021. Release of Transcript Restriction set for 9/16/2021. (ls) (Entered: 06/11/2021)

June 11, 2021

June 11, 2021

PACER
55

Amicus Curiae Brief in Support of Plaintiffs' Motion for Preliminary Injunction (docked as Notice of Filing corrected Amicus Brief to correct typographical errors on p. 14) by TechFreedom re 53 MOTION to File Amicus Brief (WALTERS, LAWRENCE) Modified on 6/14/2021 to reflect document title (ckm). (Entered: 06/11/2021)

June 11, 2021

June 11, 2021

PACER
56

NOTICE of Appearance by NURY AGUDO SIEKKINEN on behalf of chamber of progress, connected commerce council, consumer technology association, engine advocacy, information technology & Innovation Foundation, National Black Justice Coalition, progressive policy institute, technet, washington center for technology policy inclusion (SIEKKINEN, NURY) (Entered: 06/11/2021)

June 11, 2021

June 11, 2021

PACER
57

MOTION for Leave to File Brief as Amici Curia (re 22 First MOTION for Preliminary Injunction) by National Black Justice Coalition, chamber of progress, connected commerce council, consumer technology association, engine advocacy, information technology & Innovation Foundation, progressive policy institute, technet, washington center for technology policy inclusion. (Attachments: # 1 Exhibit A-Proposed Brief of Amici Curiae) (SIEKKINEN, NURY) Modified on 6/14/2021 to reflect document title (ckm). (Entered: 06/11/2021)

1 Exhibit A-Proposed Brief of Amici Curiae

View on PACER

June 11, 2021

June 11, 2021

RECAP
58

Corporate Disclosure Statement/Certificate of Interested Persons by chamber of progress. (SIEKKINEN, NURY) (Entered: 06/11/2021)

June 11, 2021

June 11, 2021

PACER
59

Corporate Disclosure Statement/Certificate of Interested Persons by National Black Justice Coalition. (SIEKKINEN, NURY) (Entered: 06/11/2021)

June 11, 2021

June 11, 2021

PACER
60

Corporate Disclosure Statement/Certificate of Interested Persons by progressive policy institute. (SIEKKINEN, NURY) (Entered: 06/11/2021)

June 11, 2021

June 11, 2021

PACER
61

Corporate Disclosure Statement/Certificate of Interested Persons by technet. (SIEKKINEN, NURY) (Entered: 06/11/2021)

June 11, 2021

June 11, 2021

PACER
62

Corporate Disclosure Statement/Certificate of Interested Persons by washington center for technology policy inclusion. (SIEKKINEN, NURY) (Entered: 06/11/2021)

June 11, 2021

June 11, 2021

PACER
63

Corporate Disclosure Statement/Certificate of Interested Persons by connected commerce council. (SIEKKINEN, NURY) (Entered: 06/11/2021)

June 11, 2021

June 11, 2021

PACER
64

Corporate Disclosure Statement/Certificate of Interested Persons by engine advocacy. (SIEKKINEN, NURY) (Entered: 06/11/2021)

June 11, 2021

June 11, 2021

PACER
65

Corporate Disclosure Statement/Certificate of Interested Persons by consumer technology association. (SIEKKINEN, NURY) (Entered: 06/11/2021)

June 11, 2021

June 11, 2021

PACER
66

Corporate Disclosure Statement/Certificate of Interested Persons by information technology & Innovation Foundation. (SIEKKINEN, NURY) (Entered: 06/11/2021)

June 11, 2021

June 11, 2021

PACER

Set Motion and R&R Deadlines/Hearings

June 11, 2021

June 11, 2021

PACER

Set Deadline as to 57 Motion for Leave to File. (Internal deadline for referral to judge if response not filed earlier: 6/25/2021.) (ckm)

June 11, 2021

June 11, 2021

PACER
67

DOCKET ANNOTATION BY COURT TO AMICI ATTORNEYS (re 53 and 57 Motions): The parties named in the above-referenced documents were added to the docket incorrectly and will be corrected by the clerk. Party names (including aliases) are to be added using all caps and no punctuation. For future reference, please review the procedures for adding/creating new parties in the "Style Guide for Electronic Case Filing" and/or Chapter 10 of the "CM/ECF Attorney User's Guide" (both available on the clerk's website) at www.flnd.uscourts.gov. (Click on CM/ECF link and go to General Info.) (ckm) (Entered: 06/14/2021)

June 14, 2021

June 14, 2021

PACER
68

ORDER ON AMICUS BRIEFS - TechFreedom's unopposed motion, ECF No. 53, for leave to file an amicus brief is granted. The defendants must respond by 6/15/2021 at noon to the attempt of Chamber of Progress et al. to confer on their motion for leave to file an amicus brief. Signed by JUDGE ROBERT L HINKLE on 6/14/2021. (ckm) (Entered: 06/14/2021)

June 14, 2021

June 14, 2021

PACER
69

MOTION to File Amicus Brief by Electronic Frontier Foundation, Protect Democracy Project, Inc.. (Internal deadline for referral to judge if response not filed earlier: 6/28/2021). (Attachments: # 1 Exhibit Amicus Brief) (HOPKINS, CHRISTOPHER) (Entered: 06/14/2021)

1 Exhibit Amicus Brief

View on RECAP

June 14, 2021

June 14, 2021

RECAP
70

Corporate Disclosure Statement/Certificate of Interested Persons by Electronic Frontier Foundation. (HOPKINS, CHRISTOPHER) (Entered: 06/14/2021)

June 14, 2021

June 14, 2021

PACER
71

MOTION to File Amicus Brief (Unopposed) by Reporters Committee for Freedom of the Press, AMERICAN CIVIL LIBERTIES UNION, American Civil Liberties Union of Florida, Authors Guild Inc., Center for Democracy and Technology, Media Law Resource Center, Inc., Pen American Center, Inc.. (Internal deadline for referral to judge if response not filed earlier: 6/28/2021). (Attachments: # 1 Proposed Amici Curiae Brief) (SHULLMAN, DEANNA) (Entered: 06/14/2021)

1 Proposed Amici Curiae Brief

View on RECAP

June 14, 2021

June 14, 2021

RECAP
72

Corporate Disclosure Statement/Certificate of Interested Persons by Protect Democracy Project, Inc.. (HOPKINS, CHRISTOPHER) (Entered: 06/14/2021)

June 14, 2021

June 14, 2021

PACER
73

NOTICE of Appearance by PETER WINSLOW HOMER on behalf of Internet Association (HOMER, PETER) (Entered: 06/14/2021)

June 14, 2021

June 14, 2021

PACER
74

MOTION to Appear Pro Hac Vice by Paul R.Q. Wolfson.( Filing fee $ 208 receipt number AFLNDC-6134924.) by Internet Association. (Attachments: # 1 Certificate of Good Standing) (WOLFSON, PAUL) (Entered: 06/14/2021)

June 14, 2021

June 14, 2021

PACER
75

MOTION to Appear Pro Hac Vice by Patrick J. Carome.( Filing fee $ 208 receipt number AFLNDC-6134927.) by Internet Association. (Attachments: # 1 Certificate of Good Standing) (CAROME, PATRICK) (Entered: 06/14/2021)

June 14, 2021

June 14, 2021

PACER
76

MOTION to Appear Pro Hac Vice by Ari Holtzblatt.( Filing fee $ 208 receipt number AFLNDC-6134931.) by Internet Association. (Attachments: # 1 Certificate of Good Standing) (HOLTZBLATT, ARI) (Entered: 06/14/2021)

June 14, 2021

June 14, 2021

PACER
77

Consent MOTION for Leave to File Amicus Brief by Internet Association. (Attachments: # 1 Text of Proposed Order, # 2 Proposed Amicus Brief) (HOMER, PETER) (Entered: 06/14/2021)

1 Text of Proposed Order

View on PACER

2 Proposed Amicus Brief

View on RECAP

June 14, 2021

June 14, 2021

RECAP
91

AMICUS CURIAE BRIEF filed by Electronic Frontier Foundation and Protect Democracy Project, Inc. See Doc. 69 . (cle) (Entered: 06/17/2021)

June 14, 2021

June 14, 2021

RECAP
92

AMICUS CURIAE BRIEF filed by AMERICAN CIVIL LIBERTIES UNION, American Civil Liberties Union of Florida, Authors Guild Inc, Center for Democracy and Technology, Media Law Resource Center, Inc, Pen American Center, Inc, Reporters Committee for Freedom of the Press. See Doc. 71 . (cle) (Entered: 06/17/2021)

June 14, 2021

June 14, 2021

RECAP
93

AMICUS CURIAE BRIEF by Internet Association. See Doc. 77 . (cle) (Entered: 06/17/2021)

June 14, 2021

June 14, 2021

RECAP
78

DOCKET ANNOTATION BY COURT TO AMICI ATTORNEYS (re 69, 71 and 77 Motions): The parties named in the above-referenced documents were added to the docket incorrectly and will be corrected by the clerk. Party names (including aliases) are to be added using all caps and no punctuation. For future reference, please review the procedures for adding/creating new parties in the "Style Guide for Electronic Case Filing" and/or Chapter 10 of the "CM/ECF Attorney User's Guide" (both available on the clerk's website) at www.flnd.uscourts.gov. (Click on CM/ECF link and go to General Info.) (pll) (Entered: 06/15/2021)

June 15, 2021

June 15, 2021

PACER
79

RESPONSE by PATRICK GILLESPIE re 57 MOTION for Leave to File re 22 First MOTION for Preliminary Injunction and Expedited Consideration Brief of Amici Curiae, 68 Order,, Set Deadlines, . (BARNES, BRIAN) (Entered: 06/15/2021)

June 15, 2021

June 15, 2021

PACER
80

First MOTION to Appear Pro Hac Vice by Berin Szoka.( Filing fee $ 208 receipt number AFLNDC-6135440.) by TechFreedom. (Attachments: # 1 Exhibit Certificate of good standing) (SZOKA, BERIN) (Entered: 06/15/2021)

1 Exhibit Certificate of good standing

View on PACER

June 15, 2021

June 15, 2021

PACER
81

ORDER ON AMICUS BRIEFSThe unopposed motions to file amicus briefs, ECF Nos. 69, 71, and 77, are granted. The briefs are deemed properly filed. Signed by JUDGE ROBERT L HINKLE on 6/15/2021. (kjw) (Entered: 06/16/2021)

June 15, 2021

June 15, 2021

PACER
82

ORDER - re: 42 MOTION to Appear Pro Hac Vice. The motion for leave to appear pro hac vice, re: Ilana H. Eisenstein, ECF No. 42, is GRANTED. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 6/15/2021. (cle) (Entered: 06/16/2021)

June 15, 2021

June 15, 2021

PACER
83

ORDER - Motion for leave to appear prohac vice, as to Brian W. Barnes, ECF No. 45, is GRANTED. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 6/15/2021. (cle) (Entered: 06/16/2021)

June 15, 2021

June 15, 2021

PACER
84

ORDER - Motion for leave to appear prohac vice, as to Paul R.Q. Wolfson, ECF No. 74, is GRANTED. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 6/15/2021. (cle) (Entered: 06/16/2021)

June 15, 2021

June 15, 2021

PACER
85

ORDER - Motion for leave to appear pro hac vice, as to Patrick J. Carome, ECF No. 75, is GRANTED. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 6/15/2021. (cle) (Entered: 06/16/2021)

June 15, 2021

June 15, 2021

PACER
86

ORDER - Motion for leave to appear pro hac vice, as to Ari Holtzblatt, ECF No. 76, is GRANTED. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 6/15/2021. (cle) (Entered: 06/16/2021)

June 15, 2021

June 15, 2021

PACER
87

ORDER - Motion for leave to appear pro hac vice, as to Berin M. Szoka, ECF No. 80, is GRANTED. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 6/15/2021. (cle) (Entered: 06/16/2021)

June 15, 2021

June 15, 2021

PACER

Order on Motion to Appear Pro Hac Vice

June 15, 2021

June 15, 2021

PACER

Action Required by Magistrate Judge

June 15, 2021

June 15, 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

Freedom of speech/association

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted