Become a fan of Slashdot on Facebook

 



Forgot your password?
typodupeerror
×
The Courts Media Social Networks The Internet

Industry Groups Sue To Stop Florida's New Social Media Law (theverge.com) 142

Two tech industry organizations are suing Florida over its newly passed rules for social networks, claiming it violates private companies' constitutional rights. The Verge reports: SB 7072, which Florida Governor Ron DeSantis signed earlier this week, restricts how large social apps and websites can moderate user-generated content. It makes banning any Florida political candidate or "journalistic enterprise" unlawful, lets users sue if they believe they were banned without sufficient reason, requires an option to "opt out" of sorting algorithms, and places companies that break the law on an "antitrust violator blacklist" that bars them from doing business with public entities in Florida. Notably, it includes an exception for companies that operate a theme park.

NetChoice and the CCIA say SB 7072 conflicts with both constitutional protections and federal Section 230 rules. "As private businesses, Plaintiffs' members have the right to decide what content is appropriate for their sites and platforms," their complaint says. "The Act requires members to display and prioritize user-generated content that runs counter to their terms, policies, and business practices; content that will likely offend and repel their users and advertisers; and even content that is unlawful, dangerous to public health and national security, and grossly inappropriate for younger audiences." The lawsuit claims Florida lawmakers and DeSantis specifically tailored the law to punish services whose moderation policies they disagreed with, while adding the arbitrary theme park exception to pacify Disney, Comcast NBCUniversal, and a handful of other big companies.

This discussion has been archived. No new comments can be posted.

Industry Groups Sue To Stop Florida's New Social Media Law

Comments Filter:
  • The complaint linked to in the OP is a good read, and pretty firmly establishes the many many problems with this law. I'd suggest taking a look at it.

    • I'll do that - I'm always curious when companies start claiming "constitutional rights" violations. (Though I do agree that this law is the wrong way to go about things regardless.)

      But wouldn't it be easier, cheaper, and faster just to open "Twitter Park" on two acres of swamp? Does the law actually define what constitutes a "theme park"?

      • Does the law actually define what constitutes a "theme park"?

        It does!

        "Theme park or entertainment complex" means a complex comprised of at least 25 contiguous acres owned and controlled by the same business entity and which contains permanent exhibitions and a variety of recreational activities and has a minimum of 1 million visitors annually.

        Section 509.013(9), Fla. Stat.

  • Flimsy excuse (Score:4, Insightful)

    by Distan ( 122159 ) on Thursday May 27, 2021 @05:08PM (#61429280)

    > As private businesses, Plaintiffs' members have the right to decide what content is appropriate for their sites and platforms

    Saying that private business can do what they want is a pretty weak argument. Regulating business is what government does. Florida already regulates firework sales, ice cream vendors, taxi services, car dealers, dance halls, exterminators, grocery stores, pet groomers, and many many more types of businesses. Social media platforms aren't magically exempt from regulation.

    I've read the complaint and don't find it compelling.

    Maybe this law will fall. But pressure is building on both sides of the aisle to regulate these businesses. I don't predict they will still be allowed to operate in ten years the way they are now.

    • TIL that First Amendment fundamentals are a "pretty weak argument."
    • They certainly can't do just any old thing that they want. But when it comes to speech and association, their rights are very strongly protected.

    • Re:Flimsy excuse (Score:4, Insightful)

      by DRJlaw ( 946416 ) on Thursday May 27, 2021 @05:29PM (#61429350)

      I've read the complaint and don't find it compelling.

      I've read your posts about yourself, and given your utter lack of legal training I don't find your opinion compelling.

    • Saying that private business can do what they want is a pretty weak argument.

      Then it's a good thing that the complaint doesn't say that, huh?

    • Re:Flimsy excuse (Score:5, Insightful)

      by Richard_at_work ( 517087 ) on Thursday May 27, 2021 @06:05PM (#61429456)

      How about we cut the bullshit and regulate politicians instead? Make it a criminal act for them to lie - and enforce it with an independent body.

      Then we wouldn't be in this position in the first place - Twitter wouldnt have to ban politicians who are spreading lies and misinformation.

      • > How about we cut the bullshit and regulate politicians instead? Make it a criminal act for them to lie - and enforce it with an independent body.

        Okay, I elect myself as Minister of Truth and declare that this is a lie, so off to jail with you.

        What, you say you're not a politician and it doesn't count? Turns out I get to decide that, too, and by making up a haphazard rule that applies only to people who aren't you qualifies you as a politician-wannabe, which is good enough for me to count you as a poli

        • by MrL0G1C ( 867445 )

          Do you understand that we only live in one timeline and that there is only one past? That means that the things that happened in the past are the true events, you don't get to decide what those events are, they already happened, the past itself is the arbiter of truth, not any person.

          Truth is not some fuzzy thing that people make up, truth is the fact of what happened in the past, it's immutable, you, politicians judges, media, social media, fact checkers and religious nuts do not get to decide what it is b

          • > Do you understand that we only live in one timeline and that there is only one past?

            See, that's actually not true [wikipedia.org] under relativity. So you're already off to a bad start by denying science here. Maybe we should just bin your whole post now with a "FALSE" label and call it a day?

            But no, I get the concept you're gesturing at and that relativity doesn't actually come into play much because we're generally all within reference frames tied to Earth (save the occasional astronaut). So I'm going to address t

            • by MrL0G1C ( 867445 )

              So long as fact checkers arn't untouchable then the system should work and there's no comparison between fact checkers and the constant flow of bullshit that hits the media. We are far better off and have far more accuracy with fact checkers than without them, the difference is massive. Saying we shouldn't have fact checkers is like saying motor-bikers shouldn't have helmets because some of the helmets might be faulty.

              • Well I won't argue that there's been a constant stream of BS in the media, I'll just argue that it's best addressed with more speech, not less, and a central authority that decides what is True is just asking for trouble.

                So I would prefer that anyone get to do their own investigations and present their evidence, without mass movements to deplatform people for presenting inconvenient data. It's how I knew that the bioweapon theory of covid was bunk while realizing that the lab leak hypothesis had a lot of p

                • by MrL0G1C ( 867445 )

                  I'll just argue that it's best addressed with more speech

                  Fine in theory but in realty I have no wish to go visit Parlor or create a Facebook account. Also these places are echo chambers that breed stupid conspiracy theories, sites like Facebook learn who the suckers are and send them the BS news but they don't send it to people who have the sense to ignore it.

                  We already have 'more speech' in the west, we have all we can eat speech, but that hasn't stopped the echo chambers or confirmation bias, this is why

    • Re:Flimsy excuse (Score:5, Interesting)

      by slack_justyb ( 862874 ) on Thursday May 27, 2021 @06:28PM (#61429530)

      Saying that private business can do what they want is a pretty weak argument.

      Well they indicated a lot more than just that. Going through the points.

      SB 7072 Violates the First Amendment
      SB 7072 Violates the Equal Protection Clause of the 14th Amendment
      SB 7072 Violates Due Process Clause of the 5th and 14th Amendments

      Regulating business is what government does. Florida already regulates firework sales, ice cream vendors, taxi services, car dealers, dance halls, exterminators, grocery stores, pet groomers, and many many more types of businesses.

      Absolutely and there is a way to which a state may regulate businesses in regards to social media. The argument put forward by the plaintiffs is that SB7072 does not meet the bar required to do such a thing. It is the plaintiffs' rights to have a court review if Florida's law meets such bar and is not preempted by some Federal law or power.

      If you want my take, and take with grain of salt, there's not a method by which the Governor of Florida can regulate the content of an entity not established within its state. States are incredibly limited in what they can and cannot do with online businesses, if you've ever heard modernize our laws, this is kind of the point. Even the collection of Sales tax isn't a codified thing, it was only with the relaxation of nexus definition that SCOTUS determined that States could collect taxes in South Dakota v. Wayfair, Inc.

      Now in fairness the High Court may determine otherwise in yet additional relaxation of conditions for the term nexus in the determination of what constitutes a good or service in the State. But as it stands, the court has only expanded the Dormant Commerce Clause online to the extent of sales tax only. But with the current understanding as it is, regulation of a company across state borders would be preempted by Federal powers indicated in Article I of the Constitution. A state attempting to undo that would indeed be a violation of due process.

      In short, all the things that you just listed as being regulated are distinctly different from social media in that all of those things require a physical presence in the State. Online does not.

      I've read the complaint and don't find it compelling.

      Eh... It is what it is. The biggest thing it looks like is they're looking for an injunction for the Florida law to give them time on the Federal end.

      Maybe this law will fall.

      I'm pretty sure it will. I don't think anyone in the Federal government likes the idea of a State pushing around some company HQed in some other State. Additionally, the Federal government seems to be approaching the issue proactively, so I'm pretty sure the court will put an temporary injunction on the law and allow Federal lawmakers some time to get their shit together.

      But pressure is building on both sides of the aisle to regulate these businesses. I don't predict they will still be allowed to operate in ten years the way they are now.

      Yeah, but all of the suggestions put forward by the Federal government thus far aren't really going to change the situation we're in. DeSantis' law is just red meat for his base, there's literally no way you can make some sort of law all about what some public forum does with people campaigning and members of a court not see it as sour grapes. Deplatforming someone while they campaign is about as equal as some newspaper making the call to not run or run some sort of endorsement. Courts are usually going to be like "Well if you don't like Twitter dropping Trump, then go to Parler and leave the courts out of it." The Florida law is just too political to be taken seriously in courts. There's just nothing good faith about it. If people don't like what Facebook, Twitter, and what not are doing, then they need to vote with their wallets. And if Facebook, Twitter, and what not are a monopol

      • Re:Flimsy excuse (Score:5, Interesting)

        by Train0987 ( 1059246 ) on Thursday May 27, 2021 @06:49PM (#61429596)

        The real question is why do private corporations have Constitutional Rights and should they? Corporations being equal to citizens was one of Scalia's worst mistakes. Hopefully that question alone gets it to the Supreme Court.

        • Because corporations consists of people. Denying people their constitutional rights just because they happened to assemble and create a corporation leads to some really interesting consequences.

          • Re:Flimsy excuse (Score:4, Interesting)

            by Train0987 ( 1059246 ) on Thursday May 27, 2021 @08:48PM (#61429858)

            People aren't being denied constitutional rights by regulating their corporations though. People form corporations in the first place to be afforded certain liability and tax protections that individuals don't get.

            • People form corporations in the first place to be afforded certain liability and tax protections that individuals don't get.

              There are different tax rates for corporations, that much is true. The corporation is also treated as a separate legal entity for the purposes of civil liability. But I take issue with the word "protections."

              The only way that incorporating your business "protects" you is that it creates a separation between your personal financial assets and that of the business. So if the corporation were to get sued, the corporation is the one liable and a individual shareholder in the corporation will not have to forfeit

            • Of course companies are regulated in several ways, but the context of the discussion is the first amendment (and the 4th and the 14th for that matter).

              The whole point is that saying that companies must be forced to carry some speech or being forced to associate breaks the first amendment. The first amendment specifically enjoins the government from doing that in any way which is one of the reasons some constitutional rights are conferred to companies through the rights of the people owning said company.

          • Re:Flimsy excuse (Score:5, Insightful)

            by Bert64 ( 520050 ) <bert@[ ]shdot.fi ... m ['sla' in gap]> on Thursday May 27, 2021 @10:25PM (#61430056) Homepage

            The individual people are not being denied anything, the corporation as an entity is being denied something.

            The government consists of people and the same applies. The constitutional limits what the government as an entity can do, but does not restrict individual actions taken by a member of the government.

            • The individual people are not being denied anything, the corporation as an entity is being denied something.

              Individuals ARE being denied the control of their private property AND the choice with whom to associate. Why should groups of people have less individual rights than an individual?

              The government consists of people and the same applies. The constitutional limits what the government as an entity can do, but does not restrict individual actions taken by a member of the government.

              You are argument may sound reasonable, but it's wrong. The government consists of people, and if they now happened to own the government as private property you may have had a point in comparing it to a corporations that actually is owned by people. Individual actions taken as a member of the government is regulated the same as i

              • > Individuals ARE being denied the control of their private property AND the choice with whom to associate.

                Neither is being denied. The individuals still have all of their individual civil rights. Every business is regulated more than the individual already.

                > Why should groups of people have less individual rights than an individual?

                Because a group of people is not an individual. The "group" still maintains their rights as individuals.

              • Ah, but the whole point of social media/hosting companies, and the 230 protection they enjoy, is that they are neutral hosts for the property and associations of users. They can't be sued for what users post because they don't control what users post. If they do control what users post, then they must be liable for all the content they host.

                See, it's not a question of whether or not the companies have free speech or association rights, it's all about whether they are liable for user content. Just like

                • Ah, but the whole point of social media/hosting companies, and the 230 protection they enjoy, is that they are neutral hosts for the property and associations of users. They can't be sued for what users post because they don't control what users post. If they do control what users post, then they must be liable for all the content they host.

                  Social media companies aren't neutral hosts in any sense and 230 doesn't actually confer any protections - it just makes clear who is liable for what, ie companies are liable for w hat they post and users are liable for what they post. Setting aside liabilities pertaining to state or federal laws, the only time a company may be liable for users content is if they act as the users publisher in the traditional sense..

                  See, it's not a question of whether or not the companies have free speech or association rights, it's all about whether they are liable for user content.

                  That's two separate issues. Companies have first amendment rights, which means they can choos

  • Heh. So they go to all the trouble to pass this bill, and Facebook and Twitter just buy a minor roadside attraction in the swamp somewhere, and now they "operate a theme park" and are immune. Well done Florida Man.
    • by Thud457 ( 234763 )
      I'm sure Uncle Larry's Alligator Brothel could be had for a reasonable sum.
    • by skids ( 119237 )

      It'd be better if they just stopped providing services in Florida entirely. For the rest of the country, that would be no big loss.

    • So they go to all the trouble to pass this bill, and Facebook and Twitter just buy a minor roadside attraction in the swamp somewhere, and now they "operate a theme park"

      And the way that law is phrased, that minor roadside attraction wouldn't even need to be in Florida.

  • I wonder what kind of rides they will have at the Google theme park or Twitter theme park? I don't think I would want to risk visiting a theme park run by Facebook.
  • Flip it around (Score:5, Interesting)

    by Goldenhawk ( 242867 ) on Thursday May 27, 2021 @05:14PM (#61429308) Homepage

    If this stands at all, I'd love to see a very left-wing candidate post something truly outrageous on Gab and Parler, and then force those sites to not deplatform or even suppress them. Let's see what happens when they cannot shut out AOC or Pelosi, for instance, and their content must be algorithmically unfiltered.

    What's good for the goose is good for the gander, right?

    • I love the fact that it applies to any content that even _mentions_ a political candidate. Personally, I'm just going to start putting "AOC" at the bottom of every single post. Then it'll be illegal for anyone to moderate me at all.
    • by shmlco ( 594907 )

      Gab and Parler already moderate content they disagree with.

    • Nobody really listens to anything that left wing candidates say. America doesn't really have a left wing. So it won't really make any difference because the left wing don't have the same kind of outrage machine in the form of Fox News, OAN, and Newsmax let alone talk radio to get the kind of attention where it would matter if they do platform somebody. Heck the only reason I know parlor was the platforming people is somebody mentioned it here on slash Dot
    • If this stands at all, I'd love to see a very left-wing candidate post something truly outrageous on Gab and Parler, and then force those sites to not deplatform or even suppress them. Let's see what happens when they cannot shut out AOC or Pelosi, for instance, and their content must be algorithmically unfiltered.

      Yeah, the Right has more to win here with such legislation, which of course is why the Left opposes it. But society as a whole also stands to benefit if this improves the potential for free public discourse.

      The weirdest ideas on the Right are fringe conspiracy theories that are at least plausibly true but probably false and basically impossible-to-prove. The weird ideas on the Left are mainstream but objectively false, easy to disprove; ideas like there is no difference between male and female.

      If Parl

    • by Cederic ( 9623 )

      Let's see what happens when they cannot shut out AOC or Pelosi, for instance

      Ooh, please. AOC without the ability to block people from replying to her?

  • It's pretty easy to see who contributed what to whose election campaign etc. DeSantis is nothing if not shameless. And I say that as a New Yorker who grew up with corruption. This is just beyond the pale.

  • by stephanruby ( 542433 ) on Thursday May 27, 2021 @05:27PM (#61429346)

    Who wants to bet that all the social media companies will now each buy a tiny theme park in Florida?

    This is what actually happened with Pandora.

    Pandora purchased KXMZ, a small adult contemporary station on the main street in Rapid City — population 70,000 — in an effort to get the rate enjoyed by iHeart Radio

    This is what happens when you create a set of rules for others, but a different set of rules for your own friends.

    I'm just surprised they didn't carve out an exception for Parler. After all, no one will ban you faster than Parler if you express a positive opinion of President Biden.

    • by Cederic ( 9623 )

      But can Pandora generate a million visitors a year to their 25 acre theme park?

      If they can it's a going concern so absolutely why not.

    • Not "friends" so much as "companies licensed under your sovereign authority", though, right? If Florida says that you have to own a radio station in Florida to be treated like a radio broadcasting company, how is that anything other than properly defining what conditions must be met for specific regulations to apply?
  • That law is so blatantly unconstitutional, I'm surprised it took so long for the lawsuits to surface. If you can force a private company to publish whatever you want, I'm gonna sue Random House for not publishing my novel.

    • That law is so blatantly unconstitutional,

      No, it's definitely constitutional. States have the power to limit private companies from limiting individual speech on their premises. SCOTUS has already decided this years ago in the context of sidewalks of privately-owned shopping malls.

    • Publishers do not have to publish anything they do not want to, you are correct. Publishers are also legally liable for what they publish. That's the deal, you can publish whatever you want, but you're responsible for everything you do. Social media platforms are not publishers. The deal for them is that they are not responsible for what their users post, because they don't have control over what users post. If they take control over a user's content, that breaks the deal.
  • How exactly would Florida compel a social media company that has no physical presence in the state to pay a fine?

    If the answer is they can't, then IMHO, that's the best course of action tantamount to the social media companies telling Florida to go pound sand.

    • How exactly would Florida compel a social media company that has no physical presence in the state to pay a fine?

      By issuing a subpoena to any bank that company uses as long as that bank has any presence in Florida.

      social media companies telling Florida to go pound sand.

      I guess they must agree with your politics.

  • If you sign a legally binding agreement that says the website you wish to access and post content on can delete your account at any time for any reason (or NO reason) whatsoever, can any law really nullify that? I don't think so.
    • If a law can do it for phones, it can do it for other methods of communication. There are other rights that you can't give up, with a contract, by law.
    • Laws can require the inclusion of conditions or bar the enforcement of certain provisions, albeit with limited scope. You can't make a contract for the purchase of another person, for example. Also, a contract that would break the terms of a limited legal exemption probably wouldn't stand. Since the section 230 exemption is based on internet platforms not having editorial control over user content, terms that force users to accept editorial control beyond what the law allows would violate the foundation
  • If there is some definition of social media which theme parks happen to fit, I would exclude them, too. But I would be more concerned about the definition itself. It seems like most definitions of social media should not be fit by the social media companies.
  • by cascadingstylesheet ( 140919 ) on Thursday May 27, 2021 @10:56PM (#61430122) Journal

    Everyone knows what the Left has been doing ... outsourcing their censorship to "private companies".

    Lots of you like it, because it's been working for you, but you do know it.

    Well, I know what leftist activists in the 60s would have said about some town claiming that "hey, our sidewalks are owned by Sidewalk Corp, so sure, they can ban you from demonstrating here."

  • by bobm ( 53783 ) on Friday May 28, 2021 @01:05AM (#61430308)

    Iâ(TM)m sure the fallout from Florida being blocked by Twitter/Facebook would change the peopleâ(TM)s minds. My family that lives there would not be able going cold turkey on Facebook

  • what content was appropriate to be posted under their name, not so the companies could decide what people wanted to post. Phone companies don't get to decide what you can say on the phone, and absolutely do not get to tell candidates for public office that they cannot call voters. Social media platforms like Twitter and Facebook have become channels for official communications, and in some cases the sole channel. That changes things.
    • by Rhipf ( 525263 )

      Can you name one instance where a social media site has become the sole channel for official communications (I assume you are referring to government communication)?

A morsel of genuine history is a thing so rare as to be always valuable. -- Thomas Jefferson

Working...