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

UPDATED: European Commission Unveils AV App, Addresses Hacks

The European Commission’s age verification app is now technically ready and will soon be available for EU citizens to use in order to prove their age when accessing online platforms, European Commission President Ursula von der Leyen announced Tuesday.

Syren De Mer, Eddie Patrick Cap AEBN's Top Stars for 1st Quarter of 2026

AEBN has revealed its most popular performers in straight and gay theaters for the first quarter of 2026.

Tennessee Bill Would Require Warnings on Adult Stores

The Tennessee Senate has passed a bill requiring adult stores, theaters and other establishments in the state to post warning signs cautioning patrons that they “may be contributing” to sexual assault and human trafficking.

Report: Irish Regulator Seeks 'Industry Input' on AV Compliance

Irish media regulator Coimisiún na Meán (CnaM) will draw on “industry input” to help establish a framework for assessing platforms’ compliance with Ireland’s Online Safety Code and the EU’s Digital Services Act, news organization MLex reports.

'iDealgasmPlus' Launches Through PAYSITE

iDealgasmPlus.com has officially launched through PAYSITE.

Canadian Senate Approves National Age Verification Bill

Canada’s Senate on Wednesday passed bill S-209, the “Protecting Young Persons from Exposure to Pornography Act,” which would require commercial adult websites to verify that Canadian users are at least 18 years old.

Sara Jay Relaunches Site Through PAYSITE

Sara Jay has relaunched her membership site, WydeSyde, through PAYSITE.

UK House of Commons Moves to Tone Down Porn Amendments

The House of Commons has modified amendments to the U.K.’s pending Crime and Policing Bill, including provisions regulating “step” content, content featuring adults role-playing as minors, and performers’ ability to withdraw consent.

AEBN Reveals Ariel Demure as Top Trans Star for Q1 of 2026

AEBN has named its top trans stars for the first quarter of 2026, with Ariel Demure landing atop the leaderboard.

Final IRS 'No Tax on Tips' Rule Excludes Pornography

The Internal Revenue Service on Monday published final regulations on the “No Tax on Tips” provision included in the “One Big Beautiful Bill Act,” offering new tax deductions for tip workers but excluding revenue received for “pornographic activity.”

Show More