cross-posted from: https://lemmy.world/post/2539209

FSC made a statement about the decision here: https://www.freespeechcoalition.com/blog/fsc-will-appeal-decision-in-utah

IANAL, but reading the court’s decision, I think dismissal on 11th amendment grounds is a case study for why states are creating laws that allow for private liability – the “vigilante enforcement” approach. It gives states the ability to create unconstitutional laws without consequence. States can easily create a chilling effect on speech, while preventing plaintiffs from proving standing due to sovereign immunity and no “real” damages having taken place yet.