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Judge Blocks Florida Law That Would Punish Social Media Companies for Banning Politicians (go.com) 254

"A federal judge on Wednesday blocked for the time being a new Florida law that sought to punish large social media businesses like Facebook and Twitter if they remove content or ban politicians," reports the Associated Press: U.S. District Judge Robert Hinkle granted a preliminary injunction stopping the new law from being enforced. The law — which was supposed to take effect on Thursday — enabled the state to fine large social media companies $250,000 a day if they remove an account of a statewide political candidate, and $25,000 a day if they remove an account of someone running for a local office. The legislation was challenged in federal court in Tallahassee by NetChoice, a lobbying firm that represents Twitter, Facebook and other online companies, and the Computer and Communications Industry Association. Both said the new law was unconstitutional and violated federal law.

The plaintiffs were likely to prevail on their claim that the new law violated the First Amendment if the case went to trial, the judge said.

Hinkle said the new law was aimed at only large social media businesses, not smaller ones that provide the same services, and made exceptions for Disney and their apps by including that theme park owners wouldn't be subject to the law.

The judge also argued that the law "compels providers to host speech that violates their standards."
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Judge Blocks Florida Law That Would Punish Social Media Companies for Banning Politicians

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  • by DRJlaw ( 946416 ) on Saturday July 03, 2021 @11:40AM (#61547282)
    • Re: (Score:2, Informative)

      by rsilvergun ( 571051 )
      With a 6-3 majority in the supreme Court nothing is predictable anymore. And the Republican party has made it very clear that if they win the mid terms they will block any and all judicial nominees. So it could easily become a 7-2 or even a 8-1 Court.
      • And the Republican party has made it very clear that if they win the mid terms they will block any and all judicial nominees. So it could easily become a 7-2 or even a 8-1 Court.

        Fortunately (from a somewhat liberal perspective), as seems likely at present - if the GOP nominates Trump again in 2024, the Dems are likely to hold onto the White House.

        • Maybe. But in 2015, and even going into the fall of 2016; the idea that the US would or could be so dysfunctional that someone so utterly loathsome and completely unsuited to the job as trump could ever win the presidency was seen not just as unlikely, but so totally daft and laughable as to not even be worth entertaining.

          Itâ(TM)s good to keep up the hope and optimism, of course. But vigilance is equally⦠or even more⦠necessary.

  • But the big social media companies need to also be consistent in their standards, for example they Rightly pulled Trump down because his audience was construing what he was saying as a call to violence (what he was saying was hard to argue was reaching the standards of the Brandenburg test) but elseware on Twitter you had other political/religious figures such as Ruhollah Khomeini calling for violence against other nation states in a way that would be construed as fighting words via the standards set by Cha
    • But the big social media companies need to also be consistent in their standards

      Perhaps they should be, but they don't really have to be. Bear in mind also that moderation at scale is virtually impossible; there's too much stuff, and the staff involved may lack the skills or knowledge necessary to do so. For example, what if a site doesn't happen to employ people who speak a particular language, but a lot of users do, and are up to all kinds of no-good in that language? Worse still for various regional issues that might be totally opaque to outsiders.

  • by Rick Schumann ( 4662797 ) on Saturday July 03, 2021 @12:32PM (#61547430) Journal
    'Social media' is a cancer on our entire civilization, and failed experiment, and the day when it all dies and goes away can't come soon enough so far as I'm concerned -- but in the meantime, ban ALL POLITICIANS from all 'social media' entirely. it's not the Chemo that we need, but it'll at least mitigate some of the symptoms of the cancer.
    • by sinij ( 911942 )
      If rearranging chairs on the deck of Titanic is all you could feasibly do, should you not?
    • by AmiMoJo ( 196126 )

      Twitter has been a mixed bag for politics. In some ways it's great, people are now closer to their elected representatives than ever and can see what they think about all sorts of issues that the media would not bother getting quotes from them on. We now have a much better idea of what many of them are like, including the ones who use a team to manage their Twitter account (i.e. they are politibots and not real human beings).

      On the other hand it helped Trump and many other populists come to power, and all o

    • by thegarbz ( 1787294 ) on Saturday July 03, 2021 @04:05PM (#61548036)

      'Social media' is a cancer on our entire civilization

      He posts on Slashdot, a social media site that provides a discourse forum for nerds based on content published elsewhere.

  • Yeah, I call B.S. (Score:3, Interesting)

    by RogueWarrior65 ( 678876 ) on Saturday July 03, 2021 @12:56PM (#61547500)

    It can't violate the first amendment when the companies themselves are violating the first amendment whenever it suits them. Remember that companies regularly get slapped for violating their employees first amendment rights. Social media companies can't have it both ways. In this case, the first amendment guarantees the right to free speech but it does not give anyone the right to deny anyone else that right. Basically, the first amendment doesn't even apply here.

    • Re:Yeah, I call B.S. (Score:4, Informative)

      by UnknowingFool ( 672806 ) on Saturday July 03, 2021 @02:30PM (#61547798)

      the first amendment when the companies themselves are violating the first amendment whenever it suits them.

      The first amendment does not apply to private companies. The 1st Amendment literally says "Congress shall make no law . . ."

      . Remember that companies regularly get slapped for violating their employees first amendment rights.

      Citation needed.

      In this case, the first amendment guarantees the right to free speech but it does not give anyone the right to deny anyone else that right. Basically, the first amendment doesn't even apply here.

      Again, "Congress shall make no law . . ". The 1st Amendment says the government cannot regulate speech. The government

    • What first amendment rights are you talking about here. You absolutely can fire an employee for saying stuff you disagree with, there is no federal law that prohibits this (some states do try to prohibit more of that though).

      The first amendment applies SOLELY to the government; federal, state, and local. Read the first amendment, the first words are: "Congress shall make no law..." The rights were later made to apply to the states as well (14th amendment, etc). There's nothing in there about employers o

    • In this case, the first amendment guarantees the right to free speech but it does not give anyone the right to deny anyone else that right.

      This is utter bullshit the 1st Amendment doesn't require people to be compelled to speak other people's messages. Social media companies aren't actively denying anyone their speech, they're just refusing to allow them to use their private property. Is your argument seriously that you have to let anyone post anything they want anytime you have a website or message board? That's absolutely not what the constitution requires. "Congress shall make no law..."; are they Congress? Who's modding this garbage up?

  • This judge misinterprets the constitution and the law when he claims that social media companies have their speech unfairly limited by not being allowed to ban or punish users.

    Twitter is perfectly in their rights to make posts on their own platform about how much they think a politician is cringe, or how much they love the corprotacracy and that is speech, but preventing others from access to the public is not freedom of speech.

    Thomas said as much in the moot supreme court case regarding Trump blocking jour

    • Comment removed (Score:5, Insightful)

      by account_deleted ( 4530225 ) on Saturday July 03, 2021 @01:27PM (#61547592)
      Comment removed based on user account deletion
      • That is an expression of freedom of speech, but it's also the job of an editor. Twitter doesn't get to pretend to be a platform while doing the work of an editor.

    • You seem confused about what constitutes government and what constitutes private business.

    • I expect the judge is better informed than you are on this matter.

    • This judge misinterprets the constitution and the law when he claims that social media companies have their speech unfairly limited by not being allowed to ban or punish users.

      What part of the Constitution is the judge misinterpreting? You are aware a social media company (a private company) and can limit or ban their users based on their users' speech? The state of Florida is expressly forbidden to arbitrarily limit free speech by the 1st and 14th Amendments

      • It's a complex argument that Thomas explains better than I do, but arguing against it is self defeating. If punishing people you don't like is speech, then can't the state of Florida just argue that their fines aren't limiting twitter's rights but rather their own process of "speaking" against them? Does the legislature not enjoy the same presumption of speech in their bullying of others that twitter does?

        • It's a complex argument that Thomas explains better than I do, but arguing against it is self defeating.

          What part of the 1st Amendment applies to the government and the government alone is "complex"?

          then can't the state of Florida just argue that their fines aren't limiting twitter's rights but rather their own process of "speaking" against them?

          The 1st Amendment literally says "Congress shall make no law . . ." . The 14th Amendment literally says "No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States . . . "

          Does the legislature not enjoy the same presumption of speech in their bullying of others that twitter does?

          "Congress shall make no law . . ."

  • If they censor people they should go out of business, period. Fuck if it's a politician or not, corporations only exist by virtue of the government saying they exist as legal entities, the government doesn't have the right to censor people so they have no right to confer that right to corporations either.
  • It's a simple case of a political party wanting to require you to put up with their bad behavior.

As you will see, I told them, in no uncertain terms, to see Figure one. -- Dave "First Strike" Pare

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