11th Circuit Rebukes Bulk of DeSantis' Florida Social Media Law

11th Circuit Rebukes Bulk of DeSantis' Florida Social Media Law

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

Copyright © 2025 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

Trump Administration Issues Executive Order Against 'Debanking'

The White House on Thursday issued an executive order limiting financial institutions’ ability to restrict access to financial services for people or groups involved in lawful industries, a longtime goal of adult industry advocates and stakeholders.

Go.cam Launches Free Age Verification Solution, Anti-Fraud Features

Go.cam has announced that its age verification solution is now free with updated anti-fraud and identity protection features.

Florida AG Sues EU-Based Adult Companies for Failing to Age-Verify Users

Florida Attorney General James Uthmeier filed a lawsuit Monday with the 12th Judicial Circuit Court of Florida against five EU-based adult companies for allegedly failing to require age verification before allowing access to adult content.

SkyPrivate Launches 'Telegram Pay-Per-Minute' Feature

SkyPrivate has launched a new pay-per-minute (PPM) private show option on Telegram.

Pineapple Support to Host 'Money and Mental Health' Online Event

Pineapple Support is hosting a free, online event to help performers balance financial wellbeing with mental health, Aug. 18-19.

Arcom Warns 5 Adult Sites Over Age Verification

French media regulator Arcom has sent enforcement notices to the operators of five adult websites that the agency says have failed to implement age verification as required under France’s Security and Regulation of the Digital Space (SREN) law.

MojoHost Debuts NVIDIA Blackwell-Powered Hosting

MojoHost has announced the launch of NVIDIA Blackwell-powered hosting featuring RTX 6000 Pro MaxQ GPUs.

FSC: Identity Theft Targeting Adult Performers

The Free Speech Coalition has put out an alert warning of an individual found to be targeting adult performers for identity theft.

Assylum.com Implements New Age Verification System

Assylum.com has introduced an age verification system across its member sites.

European Commission to Assess Pornhub, XVideos, XNXX Compliance With Digital Services Act

The European Commission plans to conduct a study to determine how well adult sites Pornhub, XVideos and XNXX are addressing illegal content and other potential harms under the EU’s Digital Services Act.

Show More