ST. PETERSBURG, Fla. — A U.S. Appeals Court has blocked a Florida law that would ban social media sites from moderating political speech and even banning candidates.
A three-judge panel said it was an overreach for the state to tell the companies how to operate. Texas has a similar law and an appeals court found it was constitutional. This means the fight over speech on social media could be headed to the Supreme Court to decide.
For a sharper insight, we talked with two law professors--- one who focuses on First Amendment law at the University of California, Eugene Volokh, and the other, Eric Goldman, who teaches about intellectual property and technology at Santa Clara University.
They both agree the appeals court got it right on Florida's law and said media companies like Facebook and Twitter are more than what's considered common carriers just delivering a service like a phone company. They're more like newspapers, making editorial moves.
“Even the other provisions, one can argue even if they are content-neutral, go too far for example the requirement for a detailed explanation of why it is something was removed often is pretty difficult because often it's subjective,” Volokh said.
“When the state comes in and takes a look at the evidence whether to validate whether or not the disclosures are accurate it basically puts the state in the shoes of the editors and second-guesses their decisions,” Goldman said.
He added,” These laws are among the most important attempts at legislating the internet in the last quarter-century. We have to get these right. If we get these wrong, the internet will change in ways that I think none of us want.
The governor’s office released a statement that reads:
“Although the Eleventh Circuit approved some provisions of the law, we are nevertheless disappointed that the Court continues to permit censorship. The Court's central holding that social media platforms are similar to newspapers and parades, rather than common carriers that transmit others' messages, is stupefying. Floridians know differently. Our office is currently reviewing the options for appeal. We will continue to fight big tech censorship and protect the First Amendment rights of Floridians,” Deputy Press Secretary Bryan Griffin said.