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 © 2024 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

Adult Web Hosting Service 'Midnight-Host' Launches

Midnight-Host, a new web hosting service designed specifically for adult websites, has launched.

ASN Lifestyle Magazine Joins Pineapple Support as Media Sponsor

ASN Lifestyle Magazine has joined the ranks of over 60 adult businesses and organizations committing funds and resources to Pineapple Support, partnering with the organization as a media sponsor.

Adult Industry Reacts to Trump Victory

On Tuesday, former President Donald Trump was reelected, defeating Vice President Kamala Harris to reclaim the office he lost four years ago.

Fetisfy Online Fetish Marketplace Launches

Fetisfy.com, an online marketplace for users to sell fetish items, has launched.

Pineapple Support Launches 'Spill the Tea, Colombia' Community Support Event Series

Pineapple Support has launched "Spill the Tea, Colombia," a monthly, in-person community support event for adult industry professionals.

Streamster Launches 'Tip2Peep' Camera-Switching Feature

Live-streaming software provider Streamster has launched Tip2Peep, a new feature that allows viewers to switch between multiple webcam viewing angles by tipping the creator.

Tyler Wu Guests on Chaturbate's 'Sex Tales' Podcast

Tyler Wu is the latest guest on Chaturbate’s “Sex Tales” podcast, hosted by Melissa Stratton and Vanniall on the company’s “Camming Life” YouTube channel.

Fleshy to Launch Interactive Cam Site 'Eromote'

Male pleasure brand Fleshy has announced that it will launch an interactive, bidirectional cam site next month called Eromote.

XBIZ LA Show Introduces New 'Crib Crawl' Feature

XBIZ is pleased to announce that the 2025 edition of its flagship conference, the XBIZ Show, will debut a brand-new feature: Crib Crawl, offering attendees the chance to meet and greet representatives from leading brands and organizations in dedicated suites at the host venue.

Pre-Nominations Now Open for 2025 TEAs

The pre-nomination period for the 2025 Trans Erotica Awards (TEAs) is now open.

Show More