The Computer & Communications Industry Association (CCIA) and its co-plaintiff NetChoice have returned to the Fifth Circuit Court of Appeals in Texas. This marks their first brief since the Supreme Court ruled 6-3 that online speech deserves First Amendment protection. The court has requested further briefing on how CCIA and NetChoice should proceed with their First Amendment challenge to Texas HB20 and a similar Florida law, SB7072, following the Supreme Court's finding that Texas has likely violated the Constitution but that the scope of the challenge may need adjustment.

Briefs for the Texas case are due Wednesday. CCIA and NetChoice plan to argue before the Court of Appeals that there are "millions of unconstitutional applications" of HB20. This law seeks to compel social media companies to display all content, regardless of whether it violates their community standards. The brief will assert that the Supreme Court found HB20 to be an unlawful attempt by Texas to force private companies to speak as dictated by the state. They will request that enforcement of this law remains barred pending a final judgment striking it down permanently.

CCIA has been an advocate for free speech online for over 25 years.

Stephanie Joyce, Senior Vice President and Chief of Staff at CCIA, stated: "Multiple courts, including the Supreme Court, have already expressed the view that Texas’ must-carry social media law attempts to force private actors to speak and thus violates the First Amendment. We look forward to securing a final judgment that this statute is unconstitutional and cannot remain on the books."