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TikTok, Meta Request Stay, Citing SCOTUS Cert Grant in NetChoice Free Speech Case

Defendants TikTok and Meta Platforms and plaintiff Paul Davis requested a stay in their First Amendment case in light of the U.S. Supreme Court’s grant of certiorari in NetChoice v. Paxton last week (see 2309290020, said their joint stipulation (docket…

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3:23-cv-04045) Tuesday in U.S. District Court for Northern California in San Francisco. In NetChoice, SCOTUS will address the constitutionality of Texas House Bill 20 (HB-20), the law under which Davis is suing, said the stipulation. A stay “promotes the interests of judicial economy and orderly management of this Action,” it said. Davis’ complaint against Meta claims its alleged moderation of Facebook and Instagram violates HB-20; Meta moved to dismiss the complaint as a matter of law, including that the bill violates the First Amendment. The Eastern District of Texas transferred the action to the Northern District of California in August (see 2308110029) without ruling on Meta’s motion to dismiss; the action was assigned to the Northern California court on Aug. 28. A stay promotes the interests of judicial economy and orderly management of this lawsuit, said the filing.