Florida governor signs bill barring social media companies from blocking political candidates

[SummerMadness]

Florida governor signs bill barring social media companies from blocking political candidates

Florida Gov. Ron DeSantis signed a bill Monday that aims to punish social media companies for their moderation decisions, a move that Silicon Valley immediately criticized and likely sets the stage for potential legal challenges.


The legislation would bar Internet companies from suspending political candidates in the run-up to elections. It also would also make it easier for the Florida state attorney general and individuals to bring lawsuits when they think the tech companies have acted unfairly.

Legal experts and tech industry trade groups immediately raised concerns about the constitutionality of the law and warned that it gives the government too much power over online speech.

Florida’s New Social Media Law Will Be Laughed Out of Court

Florida's new social media legislation is a double landmark: It’s the first state law regulating online content moderation, and it will almost certainly become the first such law to be struck down in court.

On Monday, Governor Ron DeSantis signed into law the Stop Social Media Censorship Act, which greatly limits large social media platforms’ ability to moderate or restrict user content. The bill is a legislative distillation of Republican anger over recent episodes of supposed anti-conservative bias, like Twitter and Facebook shutting down Donald Trump’s account and suppressing the spread of the infamous New York Post Hunter Biden story. Most notably, it imposes heavy fines—up to $250,000 per day—on any platform that deactivates the account of a candidate for political office, and it prohibits platforms from taking action against “journalistic enterprises.”

It is very hard to imagine any of these provisions ever being enforced, however.

“This is so obviously unconstitutional, you wouldn’t even put it on an exam,” said A. Michael Froomkin, a law professor at the University of Miami. Under well established Supreme Court precedent, the First Amendment prohibits private entities from being forced to publish or broadcast someone else’s speech. Prohibiting “deplatforming” of political candidates would likely be construed as an unconstitutional must-carry provision. “This law looks like a political freebie,” Froomkin said. “You get to pander, and nothing bad happens, because there’s no chance this will survive in court.” (The governor’s office didn’t respond to a request for comment.)

The Constitution isn’t the only problem for the new law. It also conflicts with Section 230 of the Communications Decency Act, a federal law that generally holds online platforms immune from liability over their content moderation decisions.

 

[hislegacy]

Bravo Governor DeSantis!

He was correct on covid and the draconian restrictions and he is right on censorship.

 

[Oneiric1975]

Bravo Governor DeSantis!

He was correct on covid and the draconian restrictions and he is right on censorship.

Can you remind me what DeSantis was right about COVID on?

 

[Fantine]

He's at the bottom of the Republican barrel for sure. Thr COVID danger he sacrificed people to on the altar of tourism was unconscionable. My sister had a terrible case along with her family and a number of friends.

Valuing money over human life is the deadliest of sins.

While I support a written policy for barring members on social media, it should be strong and unwavering. Dud Trump deserve expulsion on FB and Twitter? A dozen times over, yes!

 

[Pommer]

Bravo Governor DeSantis!

He was correct on covid and the draconian restrictions and he is right on censorship.

Using the power of the government to promote “freedom of speech” is great right up to the point of the Government telling private citizens* what speech is “acceptable”.

*and corporations, (legally “people”)

 

[Pommer]

Florida governor signs bill barring social media companies from blocking political candidates


Florida’s New Social Media Law Will Be Laughed Out of Court

Countdown for a certain denizen of Mar-a-Lago to sue under this law in 5...4...

 

[hislegacy]

Can you remind me what DeSantis was right about COVID on?

None that you would not find fault with. the numbers are public and easily verified if you avoid the left propaganda channels.

Using the power of the government to promote “freedom of speech” is great right up to the point of the Government telling private citizens* what speech is “acceptable”.

*and corporations, (legally “people”)

Props to the Governor actually governing and standing up the the billionaires attempting to censor only one political party.

He is standing for freedom.

There are millions who support him.

 

[Oneiric1975]

None that you would not find fault with. the numbers are public and easily verified if you avoid the left propaganda channels.

So you can't support your own claim? Good! I don't have to bother believing it then! If it's not important to you it isn't important to me!

Props to the Governor actually governing and standing up the the billionaires attempting to censor only one political party.

What about when they lie and the public gets hurt?

There are millions who support him.

To be fair there are a LOT of folks in Florida who get drunk and taunt alligators...so, well, you know...

 

[Fantine]

His numbers are third highest in the nation's and his new case numbers are higher.

How dare he tell private cruise lines they can't require vaccination proof? Who would want to sign up for an ocean cruise to be trapped in a ship with the unvaccinated?

 

[hislegacy]

I don't have to bother believing it then! If it's not important to you it isn't important to me!

cool

 

[hislegacy]

[Q

 

[TLK Valentine]

Countdown for a certain denizen of Mar-a-Lago to sue under this law in 5...4...

Sue how? These companies aren't based in Florida.

 

[hislegacy]

Sue how? These companies aren't based in Florida.

Details, details, details. It is all about casting a bad light at Trump, so it is all good. Fact really don’t matter.

 

[GreatLakes4Ever]

What’s to stop me from moving to Florida, run for office, let loose on this website, and when they try to ban me, get them fined into oblivion?

 

[Oneiric1975]

cool

Intellectual laziness is the coolest. Make a claim and then refuse to back it up. That's where it's at.

 

[Arcangl86]

Sue how? These companies aren't based in Florida.

Doesn't matter. The law only requires that they do business in Florida. Though this law wouldn't apply to things that have already happened. However if Trump was to restart his campaign, then he probably would have standing to sue. And it appears that this law also gives anybody standing to sue if they think social media companies are being inconsistent in their moderation policies.

 

[grasping the after wind]

I see no reason why social media companies should be exempt from being sued.

 

[Arcangl86]

I see no reason why social media companies should be exempt from being sued.

Compelled speech is against the Constitution.

 

[TLK Valentine]

Bravo Governor DeSantis!

He was correct on covid and the draconian restrictions and he is right on censorship.

Does that mean a political candidate is exempt from a social media site's TOS?

 

[grasping the after wind]

Compelled speech is against the Constitution.

I wish more people would agree with that sentiment however, that is irrelevant to making social media companies exempt from being sued.