"The district court in the first instance should decide whether the pass-through provision restrains speech and, if so, whether it passes constitutional muster," the appeals court said.
The three-judge panel vacated the lower federal court's judgement to dismiss the three challenges with prejudice, instructing the court to dismiss without prejudice. That's significant because it means those challenges could be raised in another legal venue.
#digital-advertising-tax #first-amendment #maryland #lawsuit #internet-tax-freedom-act #tax-injunction-act #commerce
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