LGBT Tech Files US Supreme Court Brief in Support of Free Speech (Press Release)

On July 25, 2025, LGBT Tech, with McDermott Will & Emery serving as legal counsel, filed an amicus brief with the Supreme Court of the United States (SCOTUS) requesting that the Court vacate the Fifth Circuit’s decision in NetChoice v. Fitch (2025).

Members of the LGBTQ+ community are often early adopters of technology, use social media at higher rates than their non-LGBTQ+ peers, and frequently utilize technology to access affirming spaces, connect with others, and express themselves. If allowed to stand, Mississippi’s HB 1126 would restricts minors’ access to constitutionally protected speech online and violate their privacy. If SCOTUS upholds the Fifth Circuit’s decision, millions of people, including countless LGBTQ+ individuals, will lose their ability to freely express themselves and access critical information online.

As we argue in our amicus brief, HB 1126 does not achieve the aim of keeping children, all children, safe online. Rather, it chills free speech, forces the unmasking of anonymous speakers, impedes privacy, and limits the access of all individuals, including LGBTQ+ youth, to access information they need in order to thrive, on and offline.

SCOTUS has long recognized free speech as essential to democracy. The Court has a responsibility to uphold the right of all internet users to access protected speech online and especially consider the disproportionate impact of restricting access on LGBTQ+ and other marginalized communities.

In filing this brief, LGBT Tech was joined by The Trevor Project, PFLAG, Bay Area Lawyers for Individual Freedom, Hacking the Workforce, and Fight for the Future.

Read the full amicus brief here. 

Media Contact:

Tatyana Ithier

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