Computer & Communications Industry Association v. Uthmeier

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CourtUnited States District Court for the Northern District of Florida
Full case name COMPUTER & COMMUNICATIONS INDUSTRY ASSOCIATION and NETCHOICE, v. JAMES UTHMEIER in his official capacity as Attorney General of the State of Florida,
ArguedFebruary 28, 2025 (First Complaint)
DecidedMarch 13, 2025 (First Complaint) June 3, 2025 (Second and Renewed Complaint)
Computer & Communications Industry Association et al v. Uthmeier
CourtUnited States District Court for the Northern District of Florida
Full case name COMPUTER & COMMUNICATIONS INDUSTRY ASSOCIATION and NETCHOICE, v. JAMES UTHMEIER in his official capacity as Attorney General of the State of Florida,
ArguedFebruary 28, 2025 (First Complaint)
DecidedMarch 13, 2025 (First Complaint) June 3, 2025 (Second and Renewed Complaint)
Docket nos.4:24-cv-00438-MW-MAF
Court membership
Chief judgeMark Eaton Walker

Computer & Communications Industry Association v. Uthmeier is a lawsuit filed by the Computer & Communications Industry Association and NetChoice against Florida law HB 3 which is codified as 501.1736 in the Florida Statues claiming it violates the First Amendment, is unconstitutionally vague, and is preempt by the Children's Online Privacy Protection Act.[1][2] The lawsuits name was originally Computer & Communications Industry Association et al. v. Moody until Ashley Moody possession changed from being the Attorney General of Florida to being a Senator and the possession of Attorney General of Florida was given to James Uthmeier.[3][4]

The law being challenged is HB 3 which is codified as 501.1736 in the Florida Statues. The law requires Social Media platforms that have at least 10 percent of their users under 16 years old spend on average 2 hours per day, employ algorithms and have addictive features such as infinite scrolling or push notifications. The law then requires these platforms that meet this definition to ban all minors under 14 and they must be removed within 5 business days after request. Existing account holders who are likely 14 and 15 years old must be removed if they don't have parental consent and will be given 90 days to dispute their termination. The law is enforced both by a private right of action and by the Department of Legal Affairs which is headed by the Attorney General of Florida and can fine any person or entity in violation of the law with a penalty of 50,000 dollars per violation and issue a subpoena for them to comply with the law and if they don't comply with the subpoena they can be fined 5,000 dollars per week of non-compliance.[2]

Lawsuit

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