Panel of federal judges says a First Amendment challenge to Maryland's digital ad tax should be considered

"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 appeals court agreed with the lower court's decision to dismiss three other challenges to the legality of the law that were brought under the Internet Tax Freedom Act, and the commerce and due process clauses.

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