ATLANTA — The 11th Circuit Court of Appeals issued a ruling today blocking the major provisions of Gov. Ron DeSantis’ controversial Florida’s social media law, which would have held social media platforms liable for moderation policies in the name of political, but not sexual, "free speech."
The court decided that it is “unconstitutional for Florida to bar social media companies from banning politicians, in a major victory for tech companies currently fighting another appeals court ruling that allowed a similar law in Texas to take effect,” the Washington Post reported.
The 11th Circuit’s opinion unequivocally established that platform moderation decisions are protected by the First Amendment.
The 67-page opinion also “harshly criticized arguments that social media platforms should be considered ‘common carriers’ subject to government regulation.”
The judges, however, also ruled that “some provisions could stand, including that people banned from the platforms should be able to access their data for 60 days and disclosure provisions, such as clear content standards,” the Post reported.
“We conclude that social media platforms’ content-moderation activities — permitting, removing, prioritizing and deprioritizing users and posts — constitute ‘speech’ within the meaning of the First Amendment,” the judges noted.
The 11th Circuit’s decision contrasts with the recent decision by the 5th Circuit upholding a similar Texas law. Both laws and the disparate decisions by the appeals courts will now be considered by the Supreme Court.
As XBIZ reported, the unusual 5th Circuit decision was communicated earlier this month without any explanation as to the court’s reasoning and with two of the judges remaining anonymous.
Main Image: Florida Governor Ron DeSantis (R) signing the so-called "Free Speech" law on May 24, 2021