Florida asks Supreme Court if it's OK to ban content moderation it doesn't like
The State of Florida has asked the US Supreme Court to affirm that its social media law SB 7072, which bars online platforms from removing speech they don't want, meets constitutional free speech guarantees.
Adopted amid conservative pique about the deplatforming of a former US President and the removal of political chum, the law was challenged by tech group plaintiffs NetChoice and CCIA on May 27, 2021. The court hearing the case granted a preliminary injunction, freezing the law, on June 4 and a permanent injunction on June 30, 2021.
The State of Florida fared no better in its appeal: in May, 2022, the US Eleventh Circuit Court of Appeals"When platforms choose to remove users or posts, deprioritize content in viewers’ feeds or search results, or sanction breaches of their community standards, they engage in First-Amendment-protected activity," the appeals court said in its decision.
Defenders of the law hope they can get a different result from the Supreme Court, which is not as far-fetched as it may seem given that the US Fifth Circuit Court of Appeals recentlyWhile it was the US Supreme Court that temporarily prevented the Fifth Circuit from letting HB 20 be enforced, its willingness to affirm that companies have a say in what's said on their platforms isn't a given.
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