NetChoice Files Amended Complaint Against Miss. Age-Verification Law in Remanded Case
NetChoice filed an amended complaint Friday against Mississippi over an age-verification law in a case that was recently remanded to the district court by the 5th U.S. Circuit Court of Appeals.
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The 5th Circuit vacated a preliminary injunction against the law and said the recent ruling in Moody v. NetChoice LLC meant that the U.S. District Court for Southern Mississippi should have undergone a more detailed analysis before finding that NetChoice's case was likely to succeed on its merits (see 2504180013).
“On remand from the 5th Circuit, therefore, all that remains is for this Court to apply the facial-challenge analysis articulated in Moody, which reaffirmed the Court’s prior standard for reviewing First Amendment facial challenges but spelled out a two-step process for applying it,” NetChoice said in the amended complaint. “In all events, the Act is unconstitutional as applied to NetChoice members and their services regulated by the Act.”
In addition to the amended complaint, NetChoice also asked the court to lift the stay of proceedings, which the association said Mississippi doesn't oppose. The trade association challenged the law in question, HB-1126, alleging that it violates the First Amendment and that its age-verification requirement poses privacy problems (see 2501310041).