NetChoice v. Fitch
Headline: Emergency request to lift the pause on a Mississippi law is denied, keeping the lower-court block in place while a Justice says the law likely violates companies’ First Amendment rights.
Holding: The application to vacate the stay was denied, leaving the lower-court injunction in place while a Justice said the law likely violates members’ First Amendment rights.
- Keeps the lower-court injunction blocking enforcement of the Mississippi law for now.
- Leaves similar state laws paused by other district courts.
- Maintains the status quo while further litigation proceeds on First Amendment claims.
Summary
Background
NetChoice, LLC asked the Justices to lift a court-imposed pause on enforcement of a Mississippi law. The application to vacate that stay was presented to Justice Alito and referred to the full Court. The Court denied the application, so the lower-court pause on enforcement remains in effect for now.
Reasoning
A single core question was whether to grant interim relief and allow the Mississippi law to be enforced while the case proceeds. The Court denied that emergency request because, in the view of the majority handling the application, NetChoice had not shown that the balance of harms and equities favored lifting the stay. A concurring Justice agreed with the denial of interim relief even though he explained that, on the merits, NetChoice is likely to win because enforcement would probably violate its members’ First Amendment rights under current precedents.
Real world impact
Because the emergency request was denied, the lower-court injunction blocking enforcement of the Mississippi law remains in place for now. Several other federal district courts have also enjoined similar state laws, and the concurring Justice highlighted those orders. This ruling is an interim procedural decision and not a final judgment on the law’s constitutionality; the legal fight can continue in the courts.
Dissents or concurrances
Justice Kavanaugh wrote separately to say he concurs in the denial. He stated that NetChoice is likely to succeed on the First Amendment claim but that NetChoice did not yet show the balance of harms favors emergency relief.
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