Florida’s 2021 law targeting social media content moderation is back in the legal spotlight following a U.S. Supreme Court ruling. Tech industry groups NetChoice and the Computer & Communications Industry Association, which previously challenged the law’s constitutionality, are requesting the 11th U.S. Circuit Court of Appeals to allow new briefs to be filed, given the Supreme Court’s recent decision.
The law, championed by Governor Ron DeSantis and the Republican-controlled Legislature, aimed to restrict how social media platforms like Facebook and X moderate content. The legislation came in the wake of former President Donald Trump’s ban from these platforms following the January 6th Capitol riot.
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In 2021, U.S. District Judge Robert Hinkle issued a preliminary injunction blocking the law, citing First Amendment concerns. The 11th Circuit Court of Appeals largely upheld this decision. However, the Supreme Court vacated the appeals court ruling in July, sending the case back for further review.
The Supreme Court’s decision focused on the “facial nature” of the challenges to the law, essentially asking the lower courts to reconsider whether the law’s overall impact stifles a substantial amount of protected speech.
Tech industry groups argue that new briefs are necessary to address the implications of the Supreme Court’s ruling. The state of Florida reportedly opposes this motion, though they have yet to file an official response.
The case highlights the ongoing tension between state governments seeking to regulate social media platforms and tech companies defending their content moderation practices. It remains to be seen how the 11th Circuit will proceed and what the ultimate fate of Florida’s social media law will be.
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