ORLANDO, Fla. — A federal appeals court ruled Monday it is unconstitutional for Florida to prohibit social media companies from banning politicians, dealing a blow to Gov. Ron DeSantis’ push to combat what he declares to be online censorship.
A three-judge panel of the 11th Circuit Court of Appeals upheld an injunction blocking key parts of Florida’s social media law pushed by the governor, writing that meddling with the platforms’ content-moderation policies ran afoul of the First Amendment.
“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 court wrote in a 67-page opinion.
Two social media trade associations — NetChoice LLC and the Computer & Communications Industry Association — challenged the law approved last year.
DeSantis and other Republican leaders argued social media companies were biased toward conservatives and were censoring political speech. The removal of former President Donald Trump from Twitter and other social media platforms sparked outrage from DeSantis and others.
Content-moderation decisions are “protected exercises of editorial judgment,” the court wrote.
“Put simply, with minor exceptions, the government can’t tell a private person or entity what to say or how to say it,” the court wrote.
The legislation signed by DeSantis in May 2021 prohibited social media companies from “deplatforming” political candidates, prioritizing or deprioritizing messages pertaining to candidates, and removing anything posted by a “journalistic enterprise” based on its content.
Social media companies could have faced fines up to $250,000 a day for banning a candidate.
While the court blocked those major provisions, it allowed some regulations to stand, such as a requirement users be able to access their data up to 60 days after they are banned. Companies must also disclose the standards they use to moderate content.
Earlier this month, the 5th Circuit Court of Appeals allowed Texas to enforce a similar law targeting Big Tech. Trade groups representing social media companies have asked the U.S. Supreme Court to block that law.
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