On December 5, 2023, WLF asked the Supreme Court to hold that Texas House Bill 20’s and Florida Senate Bill 7072’s individualized-explanation requirements are unconstitutional. Both the Fifth and Eleventh Circuits erred by applying the Zauderer test for four reasons: (1) Zauderer cannot be applied to statutes that compel speech outside the context of advertising; (2) Zauderer cannot be applied to statutes that compel speech on controversial topics; (3) Zauderer does not govern when a speech requirement seeks to promote consumer welfare in general instead of seeking to correct a commercial entity’s false or deceptive statements; and (4) Zauderer cannot be applied to necessarily subjective regulations. WLF’s brief also noted the evidence showing that Florida and Texas are attempting to impose content-based restrictions on political speech.

Documents:

WLF amicus brief