Florida Judge Halts Controversial 'Free Speech' Law

Florida Judge Halts Controversial 'Free Speech' Law

TALLAHASSEE, Fla. — A Florida court enjoined last week the implementation of Florida’s controversial new law making social media platforms liable for moderation policies, in the name of political — but not sexual — "free speech."

U.S. District Court Judge Robert L. Hinkle (Northern District of Florida) ruled that “the implementation authorities must take no steps to enforce Florida Statutes §§ 106.072 or 501.2041 until otherwise ordered.”

The text of Hinkle’s Preliminary Injunction from June 30 sharply rebukes Republican Governor Ron DeSantis for his public statements about the law, noting with derision the law’s bizarre, Disney-tailored exemption for owners of platforms that also own theme parks.

“The State of Florida has adopted legislation that imposes sweeping requirements on some but not all social-media providers,” Hinkle ruled. “The legislation applies only to large providers, not otherwise-identical but smaller providers, and explicitly exempts providers under common ownership with any large Florida theme park.”

“The legislation compels providers to host speech that violates their standards — speech they otherwise would not host — and forbids providers from speaking as they otherwise would,” Hinkle continued. “The Governor’s signing statement and numerous remarks of legislators show rather clearly that the legislation is viewpoint-based. And parts contravene a federal statute. This order preliminarily enjoins enforcement of the parts of the legislation that are preempted or violate the First Amendment.”

As XBIZ reported, DeSantis held a ceremony on May 24 to sign into law new state bill SB7072, which criminalized, in the name of free speech, some of the moderation practices of social media platforms.

However, language concerning sexual expression carved out an exception that allowed the restriction of anything that might be considered “obscene” by the platforms, as defined by Florida statutes.

Adult Industry Concerns About First Amendment Issues

Adult industry attorney and First Amendment expert Lawrence Walters from the Walters Law Group, who represented Amicus Tech Freedom in the case, told XBIZ that “the decision is significant as it could have required the larger adult platforms to dramatically change the way that content is displayed to Florida-based users.”

In light of the injunction, Walters continued, “platforms will not have to worry about revamping their systems to comply with these burdensome requirements.”

However, Walters added, “the industry should closely monitor any appeal of this decision to the Circuit Court... this ruling represents the first major attempt by a state to regulate the content of social media sites.”

“The court correctly ruled that the statute was an unconstitutional content-based restriction on speech and largely preempted by federal law (i.e., Section 230)," Walters told XBIZ. “If this decision had turned out differently, we could have seen 50 states passing different rules on how social media platforms must display content to users based on their location or ‘domicile.’ That is completely unworkable and impractical.”

Walters said he hopes the decision “will deter other states from legislating in a field that is exclusively the province of federal law, and will educate lawmakers on basic First Amendment freedoms.”

Main Image: Florida Governor Ron DeSantis (R) signing the "Free Speech" law on May 24

Florida Social Media Law Injuction

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Paysite Confidential: Inside the Creator Economy's Shift Toward Ownership

For years, the adult industry’s creator economy has been defined by platforms — powerful engines of discovery, monetization and scale that reshaped how performers connect with their audiences.

Senator Urges DOJ to Crack Down on 'Obscenity,' Attacks OnlyFans

U.S. Senator Jim Banks of Indiana this week urged Acting Attorney General Todd Blanche to reestablish the Department of Justice’s defunct Obscenity Prosecution Task Force in a letter that targets OnlyFans while repeatedly conflating “obscenity” with legal adult content.

UN Experts Urge US, Canada to Prosecute Aylo, Others for 'Exploitation'

GENEVA – The United Nations Office of the High Commissioner for Human Rights (OHCHR) has issued a press release in which two U.N. special rapporteurs, cited as experts, accuse Aylo and other companies of complicity in sexual exploitation.

Tennessee Governor Signs Bill Requiring Warnings on Adult Stores

Governor Bill Lee on Tuesday signed into law a bill requiring adult stores, theaters and other establishments in Tennessee to post warning signs cautioning patrons that they “may be contributing” to sexual assault and human trafficking.

Kickstarter Revokes New Rules Banning Fundraising for Adult Content, Products

Crowdfunding platform Kickstarter announced Tuesday that it has reversed its recent decision to impose new “Mature Content” rules banning projects that involve adult content and sextech.

Report: Irish Justice Minister Seeks UK-Style Ban on 'Extreme' Content

Ireland’s justice minister plans to introduce legislation criminalizing possession and distribution of “extreme” pornography, according to a report by the Irish Independent.

New Kickstarter Rules Ban Fundraising for Adult Content, Products

Crowdfunding platform Kickstarter has posted new “Mature Content” rules banning projects that involve adult content and sextech.

WebGroup Czech Republic Settles Florida AV Suit, Will Pay $1.2 Million

WebGroup Czech Republic (WGCZ), the parent company of XVideos, XNXX, BangBros and GirlsGoneWild, has settled a lawsuit filed by the state of Florida over those sites’ alleged failure to age-verify Florida users before allowing access to adult content.

AEBN Publishes Popular Searches for March, April

AEBN has published the top search terms for March and April from its straight and gay theaters in all 50 states and the District of Columbia.

Ofcom Investigates Two Sites Over Possible AV Violations

U.K. media regulator Ofcom on Wednesday launched investigations into two adult sites as part of its age assurance enforcement program under the Online Safety Act (OSA).

Show More