Full Opinion

Case: 24-50721 Document: 224-1 Page: 1 Date Filed: 10/28/2026 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED _____________ October 28, 2026 Thomas B. Plunkett, III No. 24-50721 Clerk _____________ Computer & Communications Industry Association; NetChoice, L.L.C., Plaintiffs—Appellees, versus Ken Paxton, Attorney General, State of Texas, Defendant—Appellant, consolidated with _____________ No. 25-50096 _____________ Students Engaged in Advancing Texas; M.F., by and through next friend, Vanessa Fernandez; Ampersand Group, L.L.C.; Brandon Closson, Plaintiffs—Appellees, versus Ken Paxton, Attorney General, State of Texas, Defendant—Appellant. Case: 24-50721 Document: 224-1 Page: 2 Date Filed: 10/28/2026 No. 24-50721 c/w No. 25-50096 ________________________________ Appeals from the United States District Court for the Western District of Texas USDC Nos. 1:24-CV-849, 1:24-CV-945 ________________________________ ON PETITION FOR REHEARING EN BANC (Opinion July 24, 2026, 5 Cir., 2026, 184 F.4th 420) Before Elrod, Chief Judge, and Jones, Smith, Stewart, Richman, Southwick, Haynes, Graves, Higginson, Willett, Ho, Duncan, Engelhardt, Oldham, Wilson, Douglas, and Ramirez, Circuit Judges. Per Curiam: A member of the court having requested a poll on the petition for rehearing en banc, and a majority of the circuit judges in regular active service and not disqualified having voted in favor, IT IS ORDERED that this cause shall be reheard by the court en banc with oral argument on a date hereafter to be fixed. The Clerk will specify a briefing schedule for the filing of supplemental briefs. Pursuant to 5th Circuit Rule 41.3, the panel opinion in this case dated July 24, 2026, is VACATED. 2