Brief Of the Woodhull Freedom Foundation, Chamber Of Progress, The Coalition For Responsible Home Education, And LGBT Tech As Amici Curiae In Support Of Plaintiff-Appellee
On October 4, 2024, Woodhull joined our allies from Chamber of Progress, LGBT Tech, and the Coalition for Responsible Home Education in filing an Amicus Brief supporting Netchoice in Netchoice v. Finch.
NetChoice v. Fitch is a legal challenge to Mississippi’s House Bill 1126, also known as the “Walker Montgomery Protecting Children Online Act,” which was set to take effect on July 1, 2024. The law requires online platforms to verify the ages of users and obtain parental consent for minors, with the stated goal of protecting children from explicit online content. NetChoice filed a lawsuit against Mississippi Attorney General Lynn Fitch, arguing that the law violates First Amendment rights and undermines user privacy and security.
On July 1, 2024, U.S. District Judge Sul Ozerden granted NetChoice’s request for a preliminary injunction, temporarily halting the law from going into effect while the case proceeds. The judge stated that NetChoice’s claim showed “a substantial likelihood of success on the merits” regarding the law’s unconstitutionality. NetChoice argues that the law violates free speech rights, elevates governmental controls above parental authority, and jeopardizes the online safety and security of all Mississippians by forcing them to submit to government-mandated age verification, and we agree!
The case has significant First Amendment implications. NetChoice contends that the law unconstitutionally limits adults’ free speech and privacy, censors online speech, and blocks access to lawful information. They argue that the law disfavors social speech compared to other types of speech, places a government-mandated barrier on access to protected speech and expression, and violates the editorial rights of websites. This case is part of a broader legal battle against similar laws in other states, with potential consequences for how online platforms operate and users access information online.