Panel of 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 in its decision.

The federal district court in Maryland dismissed those three counts as prohibited by the Tax Injunction Act, which prevents federal courts from enjoining the collection of state taxes when state law provides an adequate remedy.

Read at The Seattle Times