NATIONAL NEWS

Maryland’s first-in-the-nation tax on digital ads violated Big Tech’s free speech, judges say

Aug 18, 2025, 9:29 AM

FILE - People talk near a Meta sign outside of the company's headquarters in Menlo Park, Calif., Ma...

FILE - People talk near a Meta sign outside of the company's headquarters in Menlo Park, Calif., March 7, 2023. (AP Photo/Jeff Chiu, File)
Credit: ASSOCIATED PRESS

(AP Photo/Jeff Chiu, File)

ANNAPOLIS, Md. (AP) — Maryland’s first-in-the-nation tax on digital advertising violated the Constitution, a federal appeals court says, because blocking Big Tech from telling customers about the tax violates the companies’ right to free speech.

Supporters say Maryland needed to overhaul its tax methods in response to significant changes in how businesses advertise. The tax focuses on large companies that make money advertising on the internet such as Meta, Google and Amazon, who say they’re being unfairly targeted.

The ongoing legal fight is being watched by other states that are considering taxes for online ads. Maryland estimated the tax could raise about $250 million a year to help pay for a sweeping K-12 education measure.

Maryland’s law says the companies must not only pay the tax, but avoid telling customers how it affects pricing, with no line items, surcharges or fees, said the appeals court Friday in siding with trade associations fighting the tax.

Judge Julius Richardson cited the Colonial-era Stamp Act, which helped spark the Revolutionary War, and wrote that “criticizing the government — for taxes or anything else — is important discourse in a democratic society.”

The plaintiffs contended Maryland lawmakers were trying to insulate themselves from criticism and political accountability by forbidding companies from explaining the tax to their customers.

“A state cannot duck criticism by silencing those affected by its tax,” the judge wrote.

The unanimous ruling by the 4th U.S. Circuit Court of Appeals reverses a decision by U.S. District Judge Lydia Kay Griggsby and sends the case back to her with instructions to consider an appropriate remedy in light of the panel’s decision.

Trade groups praised the decision.

“Maryland tried to prevent criticism of its tax scheme, and the Fourth Circuit recognized that tactic for what it was: censorship,” said Paul Taske, co-director of the NetChoice Litigation Center, said in a statement.

The law imposes a tax based on global annual gross revenues for companies that make more than $100 million globally.

Under the law, the tax rate is 2.5% for businesses making more than $100 million in global gross annual revenue; 5% for companies making $1 billion or more; 7.5% for companies making $5 billion or more and 10% for companies making $15 billion or more.

The law has been challenged in multiple legal venues, including Maryland Tax Court, where the case is ongoing.

The Maryland General Assembly, which is controlled by Democrats, overrode a veto of the legislation in 2021 by then-Gov. Larry Hogan, a Republican.

National News

FILE - Dolly Parton poses for a photo at her office in Nashville, Tenn., Aug. 11, 2005. (AP Photo/J...

Associated Press

It’s officially Dolly Parton Day, with parades, pink lights and book drives

Pour yourself a cup of ambition. It’s Dolly Parton Day. Across the world, communities are dedicating Friday to honoring the beloved country singer. The day is falling on Sept. 25, a wink at Parton’s hit song “9 to 5.” Parton, who died of cancer last month at age 80, built an impressive legacy over the […]

3 hours ago

Jovonia Lewis poses for a portrait outside of the Durham Board of Education building on Monday, Sep...

Associated Press

Trump administration moves to limit fixes for systemic racism in schools

WASHINGTON (AP) — For decades, a key principle underpinned civil rights enforcement in American schools: Not all discrimination was intentional. Even if a school policy was written without overt racial bias, it might unfairly hurt one group of students over another, the understanding went. The concept is known as systemic racism, and Republican and Democratic […]

3 hours ago

President Donald Trump and China's President Xi Jinping walk in the Grand Foyer of the White House ...

Associated Press

Xi is wrapping his visit to Washington with a peek at the Constitution and Bill of Rights

WASHINGTON (AP) — President Donald Trump is taking Chinese President Xi Jinping to visit the National Archives on Friday, showing off the sacred texts of U.S. democracy to the leader of the world’s most powerful communist country to cap off a three-day state visit criticized for being heavy on pomp and light on substance. Xi […]

3 hours ago

Nepal's Prime Minister Balendra Shah addresses the 81st session of the United Nations General Assem...

Associated Press

Nepal’s leader, at UN, says recent floods serve as a ‘warning to the world’ about climate change

UNITED NATIONS (AP) — Nepal’s prime minister scolded fellow world leaders Thursday, saying the nation’s recent deadly flood reminds a warming world that climate change keeps hurting people who didn’t cause the crisis but now need help. The August disaster “was not just a local tragedy. It was a warning to the world. And I […]

4 hours ago

Pro-Tibet independence protestors demonstrate near the U.S. Capitol while China's President Xi Jinp...

Associated Press

Protesters of Xi’s policies push for change in earshot of White House visit with Trump

WASHINGTON (AP) — President Donald Trump warmly welcomed Chinese leader Xi Jinping with a personal airport greeting, a tour of his new helipad and a candlelit dinner. But outside the White House, protests against Xi continued almost nonstop Thursday during his state visit. The protesters represented a range of causes, with many calling for religious […]

6 hours ago

FILE - New Jersey Democratic Lt. Governor elect Dale Caldwell speaks during an election night party...

Associated Press

New Jersey’s governor asks lieutenant governor to resign over alleged ethics violations

New Jersey’s governor on Thursday called on the state’s lieutenant governor, Dale Caldwell, to resign by Friday after a law firm hired by her office concluded he violated the state’s ethics and discrimination rules. The report published Wednesday found that Caldwell violated the state’s policy prohibiting discrimination in the workplace. It said he made an […]

6 hours ago

Maryland’s first-in-the-nation tax on digital ads violated Big Tech’s free speech, judges say