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No. 011012283625 Response to Supplemental Authority (28J) filed by Appellant Deputy Secretary of Business Operations ...

Document Netchoice LLC, et al v. Attorney General, State of Florida, et al, 21-12355, No. 011012283625 (11th Cir. May. 12, 2022)

USCA11 Case: 21-12355 Date Filed: 05/12/2022 Page: 1 of 1 Cooper & Kirk Lawyers A Professional Limited Liability Company 1523 New Hampshire Avenue, N.W.

Atlanta, Georgia 30303 Re: NetChoice, LLC v. Attorney General, State of Florida, No. 21-12355 Dear Mr. Smith: In a Rule 28(j) letter dated April 22, 2022, Plaintiffs urged the Court to follow the district court’s reasoning in NetChoice, LLC v. Paxton, 2021 WL 5755120 (W.D.

In their letter, Plaintiffs also pointed out that Texas sought a stay of the preliminary injunction in Paxton but that the Fifth Circuit had not acted on Texas’s stay motion for several months.

The Fifth Circuit held oral argument in Paxton earlier this week, and yesterday that court granted Texas’s stay motion.

This Court should likewise allow state officials to enforce Florida’s law by overturning the preliminary injunction.

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No. 011012258089 Response to Supplemental Authority (28J) filed by Appellee Netchoice LLC

Document Netchoice LLC, et al v. Attorney General, State of Florida, et al, 21-12355, No. 011012258089 (11th Cir. Apr. 26, 2022)

At the last minute, legislators realized that its gerrymandered definition captured companies with a large in-state presence and adopted a naked carveout for otherwise- covered social media platforms that own a theme park.

Subsequent events have caused the state to realize that its disfavored viewpoints are not limited to northern California, and so it stripped out the carveout, while simultaneously eliminating similarly targeted tax benefits.

DeSantis Signs Bill Stripping Disney of Special Tax Status, Wall Street Journal (Apr. 22, 2022) (“You’re a corporation based in Burbank, California, and you’re going to marshal your economic might to attack the parents of my state?

Bay Area Beijing Boston Brussels Chicago Dallas Hong Kong Houston London Los Angeles Munich New York Paris Salt Lake City Shanghai

Simply put, that Florida now wishes to employ the law as a tool of discrimination against views associated with Burbank and Silicon Valley exacerbates, rather than ameliorates, the First Amendment problems that Appellees have demonstrated.

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