NetChoice v. Jay Jones
| NETCHOICE |
| JAY JONES, in his official capacity as Attorney General of the Commonwealth of Virginia |
| TECHFREEDOM, AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION OF VIRGINIA, CENTER FOR DEMOCRACY & TECHNOLOGY, ELECTRONIC FRONTIER FOUNDATION, FREEDOM TO READ FOUNDATION, FOUNDATION FOR INDIVIDUAL RIGHTS AND EXPRESSION, LGBT TECH and WOODHULL FREEDOM FOUNDATION |
| 26-1252 |
| March 6, 2026 |
| U.S. Court of Appeals, Fourth Circuit |
| Constitutionality of State Statutes |
Docket Report
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| Filing 73 ORAL ARGUMENT ACKNOWLEDGMENT by NetChoice. Counsel arguing: Erin E. Murphy. Answering argument time: 20 minutes. .. [1002046584] [26-1252] Erin Murphy [Entered: 09/02/2026 09:56 AM] |
| Filing 72 ORAL ARGUMENT ACKNOWLEDGMENT by Jay Jones. Counsel arguing: Tillman J. Breckenridge. Opening argument time: 17 minutes. Rebuttal argument time: 3 minutes. .. [1002046278] [26-1252] Tillman Breckenridge [Entered: 09/01/2026 04:03 PM] |
| Filing 71 CASE CALENDARED for oral argument. Date: 10/28/2026. Session Starting Time: 2:00 p.m. Check-in Time: at least one hour before the first scheduled argument of the day. Forms due within 7 calendar days. [1002042169] [26-1252] NS [Entered: 08/27/2026 09:00 AM] |
| Filing 70 COURT ORDER filed denying Motion for stay pending appeal [ # 48 ]. Copies to all parties. [1002039972] [26-1252] KH [Entered: 08/24/2026 12:21 PM] |
| Filing 67 RULE 46 NOTICE issued to Esha Bhandari for Freedom to Read Foundation, EFF, ACLU, Center for Democracy & Technology, American Civil Liberties Union of Virginia, Foundation for Individual Rights and Expression, LGBT Tech and Woodhull Freedom Foundation and John Anderson Jung for TechFreedom for failure to file paper copies. Paper copies due 08/13/2026. [1002032207] [26-1252] KH [Entered: 08/10/2026 03:46 PM] |
| Filing 62 RESPONSE/ANSWER by ACLU, American Civil Liberties Union of Virginia, Center for Democracy & Technology, EFF, Foundation for Individual Rights and Expression, Freedom to Read Foundation, LGBT Tech and Woodhull Freedom Foundation to Notice requesting response to similar case inquiry. Do any cases pending in this court or the Supreme Court of the United States raise similar issues? NO. [1002023887] [26-1252] Esha Bhandari [Entered: 07/28/2026 04:17 PM] |
| Filing 61 RESPONSE/ANSWER by Jay Jones to Notice requesting response to similar case inquiry. Do any cases pending in this court or the Supreme Court of the United States raise similar issues? NO. [1002023851] [26-1252] Tillman Breckenridge [Entered: 07/28/2026 03:56 PM] |
| Filing 60 RESPONSE/ANSWER by TechFreedom to Notice requesting response to similar case inquiry. Do any cases pending in this court or the Supreme Court of the United States raise similar issues? NO. [1002023602] [26-1252] John Jung [Entered: 07/28/2026 01:40 PM] |
| Filing 59 RESPONSE/ANSWER by NetChoice to Notice requesting response to similar case inquiry. Do any cases pending in this court or the Supreme Court of the United States raise similar issues? NO. [1002023392] [26-1252] Erin Murphy [Entered: 07/28/2026 11:32 AM] |
| Filing 58 NOTICE ISSUED to ACLU, American Civil Liberties Union of Virginia, Center for Democracy & Technology, EFF, Foundation for Individual Rights and Expression, Freedom to Read Foundation, LGBT Tech, TechFreedom, Woodhull Freedom Foundation, Jay Jones and NetChoice requesting response to similar case(s) question. [1002022894]. Response to similar case notice due 07/30/2026. [26-1252] KH [Entered: 07/27/2026 05:57 PM] |
| Filing 57 NOTICE REGARDING CONFLICT WITH PROPOSED ARGUMENT DATES by Appellee NetChoice. Argument Session: 10/27-10/30. Days you are available: 10/27, 10/28, 10/29, 10/30 (subject to the below qualification). Identify any other cases you are tentatively scheduled to argue this session: No. 25-1054, Pharm. Rsch. & Mfrs. v. McCuskey; No. 24-1939, AbbieVie, Inc. v. Brown. Other scheduling information: No specific dates have been set for argument in Nos. 25-1054 and 24-1939; counsel respectfully requests that the Court take those arguments into account when scheduling argument for No. 26-1252.. [1002022457] [26-1252] Erin Murphy [Entered: 07/27/2026 01:58 PM] |
| Filing 56 CASE TENTATIVELY CALENDARED for oral argument during the October 27-30, 2026, argument session. Notify Clerk's Office of any scheduling conflict by: 08/03/2026. Any required additional copies of briefs and joint appendices are due 08/03/2026. [1002022162] [26-1252] SCC [Entered: 07/27/2026 11:18 AM] |
| Filing 55 COURT ORDER filed granting motion to expedite oral argument [ # 47 ]. Copies to all parties. [1002016143] [26-1252] TW [Entered: 07/16/2026 04:24 PM] |
| Filing 54 REPLY by Jay Jones to response [ # 52 ].. [1002011742] [26-1252] Benjamin Hatch [Entered: 07/09/2026 08:28 PM] |
| Filing 53 NOTICE re: Counsel of Record Availability by NetChoice. [1002011288] [26-1252] Erin Murphy [Entered: 07/09/2026 11:03 AM] |
| Filing 52 RESPONSE/ANSWER by NetChoice to Motion for stay pending appeal [ # 48 ]. Nature of response: in opposition. [1002009619] [26-1252] Erin Murphy [Entered: 07/07/2026 04:16 PM] |
| Filing 51 MOTION by NetChoice to extend filing time for Response to the Commonwealth's Renewed Motion to Stay the Preliminary Injunction Pending Appeal until July 10, 2026.. Date and method of service: 07/03/2026 ecf. [1002008750] [26-1252] Erin Murphy [Entered: 07/03/2026 03:56 PM] |
| Filing 50 NOTICE ISSUED to NetChoice requesting response to Motion for stay pending appeal [ # 48 ], Motion to expedite decision [ # 49 ]. Response due: 07/07/2026.[1002008368]. [26-1252] KH [Entered: 07/02/2026 12:54 PM] |
| Filing 49 MOTION by Jay Jones to expedite decision. Date and method of service: 07/02/2026 ecf. [1002008292] [26-1252] Benjamin Hatch [Entered: 07/02/2026 11:54 AM] |
| Filing 48 MOTION by Jay Jones for stay pending appeal. Date of action to be stayed, if applicable:February 27, 2026.. Date and method of service: 07/02/2026 ecf. [1002008281] [26-1252] Benjamin Hatch [Entered: 07/02/2026 11:51 AM] |
| Filing 47 MOTION by NetChoice to expedite decision. Date and method of service: 06/29/2026 ecf. [1002006014] [26-1252] Erin Murphy [Entered: 06/29/2026 05:43 PM] |
| Filing 66 Receipt of paper copy of REPLY BRIEF filed at [ # 46 ] by NetChoice. Number of pages: [47]. Sufficient: Yes. Number of Copies: [4]. Received by clerk date: 07/30/2026. [1002029351] [26-1252] PB [Entered: 08/05/2026 02:21 PM] |
| Filing 46 BRIEF by Jay Jones. Type of Brief: REPLY. . Do any cases pending in this court or the Supreme Court of the United States raise similar issues? NO.. [1001996247] [26-1252] Tillman Breckenridge [Entered: 06/12/2026 02:34 PM] |
| Filing 45 APPEARANCE OF COUNSEL by Megan C. Keenan for Jay Jones. [1001996239] [26-1252] Megan Keenan [Entered: 06/12/2026 02:28 PM] |
Filing 44
ORDER filed granting Motion to extend filing time [ # 43 ] Number of days granted: 7. Reply brief due 06/12/2026. No paper copies required unless case has been tentatively calendared or copies otherwise ordered. Copies to all parties. [1001986841] [26-1252] KH [Entered: 05/28/2026 02:34 PM]
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| Filing 43 MOTION by Jay Jones to extend filing time for response/reply brief until June 12, 2026.. Date and method of service: 05/28/2026 ecf. [1001986578] [26-1252] Tillman Breckenridge [Entered: 05/28/2026 11:18 AM] |
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Filing 38
ORDER filed granting filing of amicus curiae briefs [ # 36 ],[ # 37 ]. Disclosure Statements filed (if corporate amicus)? Y/Y. Appearance Forms filed? Y/Y. Copies to all parties.[1001984777] [26-1252] KH [Entered: 05/26/2026 02:47 PM]
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| Filing 69 Receipt of paper copy of AMICUS BRIEF filed at [ # 36 ] by TechFreedom. Number of pages: [35]. Sufficient: Yes. Number of copies: [4]. Received by clerk date: 08/13/2026. [1002034558] [26-1252] KS [Entered: 08/13/2026 04:28 PM] |
| Filing 68 Receipt of paper copy of AMICUS OPENING BRIEF filed at [ # 37 ] by American Civil Liberties Union, ACLU of Virginia, Center for Democracy & Technology, Electronic Frontier Foundation, Freedom to Read Foundation, Foundation for Individual Rights and Expression, LGBT Tech, and Woodhull Freedom Foundation.. Number of pages: [41]. Sufficient: Yes. Number of copies: [4]. Received by clerk date: 08/12/2026. [1002033555] [26-1252] AW [Entered: 08/12/2026 12:19 PM] |
| Filing 42 DISCLOSURE STATEMENT by ACLU, American Civil Liberties Union of Virginia, Center for Democracy & Technology, EFF, Foundation for Individual Rights and Expression, Freedom to Read Foundation, LGBT Tech and Woodhull Freedom Foundation. Was any question on Disclosure Form answered yes? No [1001984821] [26-1252] KH [Entered: 05/26/2026 03:19 PM] |
| Filing 41 APPEARANCE OF COUNSEL by Esha Bhandari for ACLU, American Civil Liberties Union of Virginia, Center for Democracy & Technology, EFF, Foundation for Individual Rights and Expression, Freedom to Read Foundation, LGBT Tech and Woodhull Freedom Foundation. [1001984813] [26-1252] KH [Entered: 05/26/2026 03:17 PM] |
| Filing 40 DISCLOSURE STATEMENT by TechFreedom. Was any question on Disclosure Form answered yes? No [1001984809] [26-1252] KH [Entered: 05/26/2026 03:15 PM] |
| Filing 39 APPEARANCE OF COUNSEL by John Jung for TechFreedom. [1001984805] [26-1252] KH [Entered: 05/26/2026 03:13 PM] |
| Filing 37 AMICUS CURIAE BRIEF by Amici Curiae American Civil Liberties Union, ACLU of Virginia, Center for Democracy & Technology, Electronic Frontier Foundation, Freedom to Read Foundation, Foundation for Individual Rights and Expression, LGBT Tech, and Woodhull Freedom Foundation. . Do any cases pending in this court or the Supreme Court of the United States raise similar issues? NO.. [1001984037] [26-1252] Esha Bhandari [Entered: 05/22/2026 07:11 PM] |
| Filing 36 AMICUS CURIAE BRIEF by TechFreedom, Amicus Curiae. . Do any cases pending in this court or the Supreme Court of the United States raise similar issues? NO.. [1001983963] [26-1252] John Jung [Entered: 05/22/2026 04:31 PM] |
| Filing 35 (ENTRY RESTRICTED) AMICUS CURIAE BRIEF by TechFreedom, Amicus Curiae. Do any cases pending in this court or the Supreme Court of the United States raise similar issues? NO. [1001983934] [26-1252]--[Edited 05/26/2026 by KH - see ECF 36] John Jung [Entered: 05/22/2026 04:16 PM] |
| Filing 65 Receipt of paper copy of RESPONSE BRIEF filed at [ # 34 ] by NetChoice. Number of pages: [78]. Sufficient: YES. Number of Copies: [4]. Received by clerk date: 07/30/2026. [1002029335] [26-1252] PB [Entered: 08/05/2026 02:15 PM] |
| Filing 34 BRIEF by NetChoice. Type of Brief: RESPONSE. . Do any cases pending in this court or the Supreme Court of the United States raise similar issues? NO.. [1001980072] [26-1252] Erin Murphy [Entered: 05/15/2026 05:55 PM] |
| Filing 64 Receipt of paper copy of APPENDIX filed at [ # 33 ] by Jay Jones. Total number of volumes (including any sealed): [1]. Total number of pages in all volumes: [329]. Total number of sealed volumes: 0. Sufficient? Yes. CD/DVD/Other exhibit? No. Number of copies: [4]. Received by clerk date: 07/30/2026. [1002029319] [26-1252] PB [Entered: 08/05/2026 02:05 PM] |
| Filing 63 Receipt of paper copy of OPENING BRIEF filed at [ # 32 ] by Jay Jones. Number of pages: [67]. Sufficient: Yes. Number of copies: [4]. Received by clerk date: 07/30/2026. [1002029314] [26-1252] PB [Entered: 08/05/2026 02:00 PM] |
| Filing 33 Corrected JOINT APPENDIX by Jay Jones. Digital media exhibit volume? No. [1001967674] [26-1252] Triston O'Savio [Entered: 04/27/2026 12:35 PM] |
| Filing 32 Corrected BRIEF by Jay Jones. Type of Brief: OPENING. . Do any cases pending in this court or the Supreme Court of the United States raise similar issues? NO.. [1001967664] [26-1252] Triston O'Savio [Entered: 04/27/2026 12:30 PM] |
| Filing 31 APPEARANCE OF COUNSEL by Triston Chase O'Savio for Jay Jones. [1001967663] [26-1252] Triston O'Savio [Entered: 04/27/2026 12:24 PM] |
| Filing 30 Amended Docket correction requested from Jay Jones. Re: [ # 27 ] brief, [ # 28 ] appendix. Access to appendix , brief has been restricted to case participants. [1001965381] [26-1252] KH [Entered: 04/22/2026 05:00 PM] |
| Filing 29 Docket correction requested from Jay Jones. Re: [ # 27 ] brief, [ # 28 ] appendix. Access to brief , appendix has been restricted to case participants. [1001962764] [26-1252] KH [Entered: 04/17/2026 03:44 PM] |
| Filing 28 JOINT APPENDIX by Jay Jones. Digital media exhibit volume? No. [1001961514] [26-1252] Tillman Breckenridge [Entered: 04/15/2026 04:34 PM] |
| Filing 27 BRIEF by Jay Jones. Type of Brief: OPENING. . Do any cases pending in this court or the Supreme Court of the United States raise similar issues? NO.. [1001961509] [26-1252] Tillman Breckenridge [Entered: 04/15/2026 04:33 PM] |
| Filing 26 APPEARANCE OF COUNSEL by Tillman J. Breckenridge for Jay Jones. [1001960841] [26-1252] Tillman Breckenridge [Entered: 04/15/2026 09:17 AM] |
| Filing 25 COURT ORDER filed denying Motion for stay pending appeal [ # 6 ]. Copies to all parties. [1001959131] [26-1252] KH [Entered: 04/10/2026 05:13 PM] |
| Filing 24 SUPPLEMENTAL AUTHORITIES (FRAP 28(j)) response by NetChoice. [1001951325] . [26-1252] Erin Murphy [Entered: 03/29/2026 01:32 PM] |
| Filing 23 SUPPLEMENTAL AUTHORITIES by Jay Jones. [1001950614] . [26-1252] Benjamin Hatch [Entered: 03/27/2026 09:57 AM] |
| Filing 22 REPLY by Jay Jones to response [ # 15 ], Motion [ # 6 ].. [1001947242] [26-1252] Benjamin Hatch [Entered: 03/20/2026 03:27 PM] |
| Filing 21 DOCKETING STATEMENT by Jay Jones.. [1001947232] [26-1252] Benjamin Hatch [Entered: 03/20/2026 03:22 PM] |
| Filing 20 Corrected RESPONSE/ANSWER by NetChoice to notice requesting response [ # 8 ], Motion [ # 6 ]. Nature of response: in opposition. [1001946988] [26-1252] Erin Murphy [Entered: 03/20/2026 11:48 AM] |
| Filing 19 Amended Docket correction requested from NetChoice. Re: [ # 16 ] supplemental appendix. Access to supplemental appendix has been restricted to case participants. [1001945766] [26-1252] KH [Entered: 03/18/2026 02:54 PM] |
| Filing 18 Docket correction requested from NetChoice. Re: [ # 16 ] supplemental appendix. Access to supplemental appendix has been restricted to case participants. [1001945544] [26-1252] KH [Entered: 03/18/2026 12:34 PM] |
| Filing 17 NOTICE by Jay Jones that a reply will be filed.. [1001945430] [26-1252] Benjamin Hatch [Entered: 03/18/2026 11:00 AM] |
| Filing 16 (ENTRY RESTRICTED) SUPPLEMENTAL APPENDIX by NetChoice. Digital media exhibit volume? No. [1001945129] [26-1252]--[Edited 03/20/2026 by KH - see ECF 20] Erin Murphy [Entered: 03/17/2026 08:17 PM] |
| Filing 15 (ENTRY RESTRICTED) RESPONSE/ANSWER by NetChoice to Motion for stay pending appeal [ # 6 ]. Nature of response: in opposition. [1001945128] [26-1252]--[Edited 03/20/2026 by KH - see ECF 20] Erin Murphy [Entered: 03/17/2026 08:14 PM] |
| Filing 14 DISCLOSURE STATEMENT by NetChoice. Was any question on Disclosure Form answered yes? Yes [1001945126] [26-1252] Erin Murphy [Entered: 03/17/2026 08:08 PM] |
| Filing 13 APPEARANCE OF COUNSEL by Barrett L. Anderson for NetChoice. [1001944684] [26-1252] Barrett Anderson [Entered: 03/17/2026 11:37 AM] |
| Filing 12 APPEARANCE OF COUNSEL by Erin B. Ashwell for Jay Jones. [1001943439] [26-1252] Erin Ashwell [Entered: 03/13/2026 04:27 PM] |
| Filing 11 APPEARANCE OF COUNSEL by James Y. Xi for NetChoice. [1001940922] [26-1252] James Xi [Entered: 03/10/2026 12:35 PM] |
| Filing 10 APPEARANCE OF COUNSEL by Erin E. Murphy for NetChoice. [1001940919] [26-1252] Erin Murphy [Entered: 03/10/2026 12:34 PM] |
| Filing 9 APPEARANCE OF COUNSEL by Paul D. Clement for NetChoice. [1001940916] [26-1252] Paul Clement [Entered: 03/10/2026 12:32 PM] |
| Filing 8 NOTICE ISSUED to NetChoice requesting response to Motion for stay pending appeal [ # 6 ]. Response due: 03/17/2026.[1001940617]. [26-1252] KH [Entered: 03/10/2026 09:48 AM] |
| Filing 7 APPEARANCE OF COUNSEL by John D. Adams for Jay Jones. [1001940539] [26-1252] John Adams [Entered: 03/10/2026 09:01 AM] |
| Filing 6 MOTION by Jay Jones for stay pending appeal.. Date and method of service: 03/09/2026 ecf. [1001940420] [26-1252] Benjamin Hatch [Entered: 03/09/2026 06:07 PM] |
| Filing 5 DISCLOSURE STATEMENT by Jay Jones. Was any question on Disclosure Form answered yes? No [1001940418] [26-1252] Benjamin Hatch [Entered: 03/09/2026 06:02 PM] |
| Filing 4 APPEARANCE OF COUNSEL by Benjamin L. Hatch for Jay Jones. [1001940415] [26-1252] Benjamin Hatch [Entered: 03/09/2026 05:48 PM] |
| Filing 3 BRIEFING ORDER filed. No paper copies required unless case has been tentatively calendared or copies otherwise ordered. All filings must comply with # Appendix Pagination & Brief Citation Guide . [1001939367] Opening Brief and Appendix due 04/15/2026. Response Brief due 05/15/2026. [26-1252] KH [Entered: 03/06/2026 02:02 PM] |
| Filing 2 DOCKETING NOTICE issued Re: [ # 1 ] case. Originating case number: 1:25-cv-02067-PTG-LRV. [1001939363] [26-1252] KH [Entered: 03/06/2026 01:58 PM] |
| Filing 1 Case docketed. Originating case number: 1:25-cv-02067-PTG-LRV. Case manager: KHancock. [1001939359] [26-1252] KH [Entered: 03/06/2026 01:57 PM] |
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