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Social Networks The Courts United States

Florida Law on Social Media Unconstitutional, Appeals Court Rules (go.com) 213

A Florida law intended to punish social media platforms like Facebook and Twitter is an unconstitutional violation of the First Amendment, a federal appeals court ruled Monday, dealing a major victory to companies who had been accused by GOP Gov. Ron DeSantis of discriminating against conservative thought. Associated Press: A three-judge panel of the Atlanta-based 11th U.S. Circuit Court of Appeals unanimously concluded that it was overreach for DeSantis and the Republican-led Florida Legislature to tell the social media companies how to conduct their work under the Constitution's free speech guarantee.

"Put simply, with minor exceptions, the government can't tell a private person or entity what to say or how to say it," said Circuit Judge Kevin Newsom, an appointee of former President Donald Trump, in the opinion. "We hold that it is substantially likely that social media companies -- even the biggest ones -- are private actors whose rights the First Amendment protects." The ruling upholds a similar decision by a Florida federal district judge on the law, which was signed by DeSantis in 2021. It was part of an overall conservative effort to portray social media companies as generally liberal in outlook and hostile to ideas outside of that viewpoint, especially from the political right.

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Florida Law on Social Media Unconstitutional, Appeals Court Rules

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  • by kunwon1 ( 795332 ) <dave.j.moore@gmail.com> on Monday May 23, 2022 @02:22PM (#62559216) Homepage
    The law existed to create a headline on fox news, for florida man's eventual presidential campaign. It was passed knowing that it would be overturned. He's not governing any more, just trying to 'own the libs' enough to earn a republican nomination.
    • by ArchieBunker ( 132337 ) on Monday May 23, 2022 @02:31PM (#62559240)

      He's going to own those libs even if it bankrupts the taxpayers!

      https://www.politico.com/news/... [politico.com]

    • Re: (Score:2, Insightful)

      by WindBourne ( 631190 )

      enough to earn a republican nomination.

      This is not Republican, but GOP or Fascists type work.

      • Comment removed (Score:5, Insightful)

        by account_deleted ( 4530225 ) on Monday May 23, 2022 @03:09PM (#62559368)
        Comment removed based on user account deletion
        • Fascism seems popular in Republican circles right now.

          That's interesting. And just how do you define fascism?
          • by jacks smirking reven ( 909048 ) on Monday May 23, 2022 @03:43PM (#62559480)

            I personally like to refer to Umberto Eco's "Ur-Fascism" and he lists out 14 characteristics of fascism, many of which he lists 14 points, listed in abridged version here. [openculture.com]

            I think it's a compelling case and if we can accept those points as primary tenets of fascist idealogy I think there are some definite parralells to todays modern Republican party. To be fair you can probably tie a few of them to the Democratic party as well but in my opinion not nearly to the same degree.

            Now I wouldn't feel it accurate saying "Republicans are fascist" but they are definitely flirting strongly with the ideas. It is becoming more and more about the culture and less about economics and policy.

            • Thank you; asked and answered. I asked because from where I sit, almost everybody using that term here uses it as nothing more than a generic insult for anybody they don't like or agree with. Being a Moderate, slightly to the right of Center, I see the far Right as coming closest to the fascists, not the Republican Party as a whole, but I'll not insist on it as it's a very subjective judgement.
              • by whoever57 ( 658626 ) on Monday May 23, 2022 @07:34PM (#62560084) Journal

                Being a Moderate, slightly to the right of Center,

                So you generally vote Democratic, then?

                I see the far Right as coming closest to the fascists, not the Republican Party as a whole

                Then you haven't really been watching. There are very few moderate Republicans now: the majority are anti-democracy. Look at what is happening to the Republicans who voted against the January 6 impeachment. Look at how many Republicans talk about throwing out votes. Look at how many talk about voter fraud when there is no evidence that there is no more than a tiny amount of voter fraud (most of what there is comes from Republican voters anyway).

            • > I personally like to refer to Umberto Eco's "Ur-Fascism"

              Thanks.

              For those wondering:

              "Ur- is a German prefix meaning "original or primitive". So Ur- fascism could be either "original fascism" or "proto-fascism""

            • It's mostly pointless to use the term "fascism" because in most cases it means, "someone I don't like." It's just an emotionally charged insult.

              It's more logical to say what you don't like about them, "They are trying to overturn elections and are opposed to free speech."

          • fascism \fasc"ism\ (f[a^]sh"[i^]z'm) n.
            1. a political theory advocating an authoritarian
            hierarchical government; -- opposed to democracy and
            liberalism.

            Even with such a concise definition it's still hard to prove fascism. Ian Kershaw summed this up simply, "trying to define 'fascism' is like trying to nail jelly to the wall."

            Some examples of goals of fascist groups are:

            • 1. To destroy democracy and create a one-party state. (China and the USSR fit perfectly)
            • 2. A big lie that is flexible enough to direct the emotions of supporters against your enemies. For example, Mussolini's obsession with the Mutilated Victory [wikipedia.org]. Or Adolf Hitler blaming the Armistice of 1918
            • by theCoder ( 23772 )

              I don't dispute anything you've written. Sadly, I also see a lot of what you have pointed out in the modern Democrat party. I don't mean this to be a "whataboutism" post, it's just depressing that there does not appear to be an alternative in US politics to the craziness of the modern Republican party.

              Item #1: I don't think the Democrats want to "destroy" democracy any more than the Republicans do (at least on the surface), or even the ruling Chinese party. But like the Chinese, they would like everyone t

          • by quonset ( 4839537 ) on Monday May 23, 2022 @05:09PM (#62559776)

            Fascism seems popular in Republican circles right now.

            That's interesting. And just how do you define fascism?

            Here ya go [imgur.com].

            Republicans have pretty much checked every item on the list. They're pushing hard on the last item.

        • by waspleg ( 316038 ) on Monday May 23, 2022 @03:28PM (#62559418) Journal

          True. My father is a life long full red ticket voter despite decades of it going directly against his own personal interests as someone on both social security and disability.

          He used to run polling locations for them. I worked at them a couple times as a teenager, mostly to get out of high school. The Republican party of today is completely unrecognizable compared with the one I remember ~25+ years ago.

        • Re: (Score:2, Insightful)

          by Shompol ( 1690084 )
          "Fascism", "fascist" -- you throw this word around without understanding the meaning much. Fascism starts with silencing dissent, and that's what Democrats are doing for the past N years.
    • Next to fall I hope will be his other virtue-signaling bullshit-of-a-bill he signed [dailywire.com]. These folks claim to love the 1A too... right!
    • He's not governing any more, just trying to 'own the libs' enough to earn a republican nomination.

      I imagine his "friend" at Mar-a-Lago might have something to say about that ... and DeSantis won't like it.

    • The law existed to create a headline on fox news, for florida man's eventual presidential campaign. It was passed knowing that it would be overturned. He's not governing any more, just trying to 'own the libs' enough to earn a republican nomination.

      This is certainly accurate, but maybe not the "knowing it would be overturned" part. I'm pretty shocked that a Republican (Trump actually) appointed judge wrote the opinion on this. I'd been pretty used to a lot of Florida stuff being struck down because it's bs, then it gets appealed by the state and the appellate level judges were appointed by Republicans so they reinstate it, then that is appealed and so on.

      • by larryjoe ( 135075 ) on Monday May 23, 2022 @04:17PM (#62559608)

        I'm pretty shocked that a Republican (Trump actually) appointed judge wrote the opinion on this.

        This is the true insight into this whole thing. Republicans have tried to stack the federal courts with judges that will blindly rule in only one predictable way, regardless of the merits of the case, existing rulings, or existing law. That's why some Supreme Court justices are poised to strike down Roe v. Wade in precisely a way that directly contradicts what they claimed under oath at their Senate confirmations. Those Supreme Court justices are preparing to make a ruling based on personal political motivations. That a Trump-appointee would rule based on the merits of the case is surprising.

    • Federal, state and local governments do have some authority to regulate business even if that limits the freedom of speech in some narrow cases.

      When the legislature gets sloppy in how they pass laws, it comes to courts to interpret the intent and meaning of new laws and reconcile them with precedent and ultimately the public good.

      • by sconeu ( 64226 )

        Federal, state and local governments do have some authority to regulate business even if that limits the freedom of speech in some narrow cases.

        Key word: narrow.

        The odds are that this case falls under "strict scrutiny" guidelines. In other words, the state better have a damned compelling reason, no other method is possible, and it's as narrow as possible.

      • by kunwon1 ( 795332 )
        You say 'getting sloppy' as if this weren't all planned in advance. You almost make it sound like the Florida politicians mean well and actually try to govern effectively

        Bless your heart.
      • And the power of government to regulate and discriminate is not limitless

        This is not unlike the âstates rightsâ(TM) philosophy that allowed slave states to fired other states to extradite humans to be murdered and tortured. In this case, the laws explicitly regulate the lives of those outside the state. He Florida law requires a million user. Florida has 20 million people. The Texas law required 50 million people. Texas has 30 million people

        Beyond that, the Florida law created an overt excepti

    • by rsilvergun ( 571051 ) on Monday May 23, 2022 @03:42PM (#62559474)
      literally anything's possible.

      Nobody would've expected Roe v Wade to get overturned so easily and with such flimsy justification (one of the guys quoted in the brief sentenced women to death for witchcraft, and there's multiple legal opinions cited that predate the writing of the constitution and go back so far that you can't even use the excuse of "historical" relationships).

      We can no longer count on the constitution to protect our rights. Google "Roe V Wade and Cryptography" if you're wondering why it matters even if you're in favor of criminalizing abortion. All our legal system's privacy protections were based on the same reasoning as RvW. Meaning that once it's struct down it's open season on all of your rights.
      • Nobody would've expected Roe v Wade to get overturned so easily

        it hasn't happened yet, but yes I did

        and with such flimsy justification

        All of their justifications are flimsy.

    • by splutty ( 43475 )

      Just more noise to perpetuate the myth that conservative voices are somehow censored online.

      Generally quite the opposite is true.

      Just a shame that so many people that call themselves conservative are just making shit up that fits whatever their narrative is at that moment.

      Real conservative movements have been long dead in the US, unfortunately. Would be nice to get that back for some proper balance, instead of.. Whatever the GOP has become.

  • Sadly, the far righties and lefties believe that they have the RIGHTS to steal OUR RIGHTS.
  • by chthon ( 580889 ) on Monday May 23, 2022 @02:35PM (#62559256) Journal

    Conservatism is illogical, and conservatism in one region is not the same conservatism in another region.

    Factual, the only thing that is constant is change.

    If conservatism was real, then we would still be living in the paleolithicum.

    Conservatism is only a mechanism for the rich to suppress the non-rich.

    Conservatism kills the world. Conservatism makes real victims. Conservatism only wants to preserve the inequalities in the world. Conservatism has no redeeming features.

    • People who are calling social networks liberal for blocking certain kinds of speech don't realize that they're not blocking conservative opinions. They are blocking people making threats, trying to drum up violence, and so on. Just because it's mostly conservatives doing this doesn't make the action of blocking that speech inherently biased towards liberals.

      I've seen plenty of liberals banned/blocked from Twitter for making threats and calling for violence as well. If more conservatives are being banned/blo

      • Dorsey always struck me as a libertarian and Zuckerberg a total right-winger.
        • Re: (Score:2, Insightful)

          Comment removed based on user account deletion
          • Now, you and I know that there are only two groups that use "woke" to refer to something: conservatives meaning "Anything that promotes tolerance of people I don't like", and liberals who use it to mean "Aware of racism". Virtually no liberal uses it outside of that context, and it's pretty much unknown otherwise.

            Incorrect. It is in common usage when referring to the hash activists have made of modern popular fiction, even among people who are otherwise liberal. Arguing about entertainment has made for strange bedfellows, and common ground among otherwise violently opposed political opinions. The definition of "woke" in that context is "incompetent idiots discarding 400 years of lessons learned in writing entertainment in blind pursuit of ideology". It is believed among liberals who use that definition that thei

      • by jythie ( 914043 )
        Yeah, but they see those types of behavior as so inherent to conservative that to ciritisze one is to critisze the other.
      • People who are calling social networks liberal for blocking certain kinds of speech don't realize that they're not blocking conservative opinions.

        For some bizarre reason, nobody has ever been able to answer me when I've asked for instances of people being banned from Twitter for advocating for lower taxes or less industrial regulation.

      • Oh, bullshit. They blocked the absolutely true Hunter Biden laptop story. They have blocked all kinds of actual true stories while allowing literal fake news on their sites. They claim to block "hate speech", but if you believe that fairy tale search for "fuck white people" on twitter and see how much hate speech is being blocked. They've even codified their racism - Candace Owens did a test where she took anti-white tweets and simply changed "white" to "black" and her account was blocked automatically.

    • by ArchieBunker ( 132337 ) on Monday May 23, 2022 @02:51PM (#62559308)

      Much like the Texas social media law that was written specifically for Twitter and Facebook. Some democrats tried to have it include Parler and Truth Social but that didn't work as it only applies to companies with 25 million users or more. It also makes it illegal for Facebook and Twitter to refuse service in Texas, which besides being unenforceable is about the least conservative and business unfriendly policy I've ever seen. But yeah they're totally for private business and limited government involvement.

    • He was a conservative philosopher who offered a coherent explanation of what that ideology means and why it is relevant. Bottom line: a society develops over time, and groups that ignore that reality are doing more damage than they realise. The challenge of course is to realise when the damage is justified - but it's not trivial.

    • The word conservative. Right wing extremists call themselves conservative to hide the fact that their right wing extremists. That's because by and large extremist viewpoints are unpopular because of their high risk and right wing extremists are especially unpopular because the right wing fundamentally supports a hierarchical structure that benefits people further up the top at the expense of everyone beneath them like a pyramid scheme or Ponzi scheme.

      I'm a left wing conservative. The actual meaning of t
  • SIze matters (Score:2, Interesting)

    by michaelmalak ( 91262 )

    This is the sort of thing that the Supreme Court has to decide. The Sherman Act of 1890 had to go to the Supreme Court several times.

    The Florida law stipulated a minimum threshold of 100 million users for the law to apply. At this scale, it is a monopoly or oligopoly on private communication, and government is right to regulate.

    Should telephone companies be allowed to limit whom you might call, because they are exercising editorial decisions that represent the political views of management?

    Size matters. Did

    • > Should telephone companies be allowed to limit whom you might call

      Private person-to-person calls are nothing like public posts, genius.

      Should a news paper be able to editorialize a post in the classified ads? Should a news paper be forced to print anything *you* want?

    • Should telephone companies be allowed to limit whom you might call, because they are exercising editorial decisions that represent the political views of management?

      So you're saying you want social media to be under the same regulations as a public utility?

    • Should telephone companies be allowed to limit whom you might call, because they are exercising editorial decisions that represent the political views of management?

      No, because telephone companies (as well as ISPs and cable television providers) are natural monopolies and should be subject to specific government regulation. The barrier to entry to create your own personal web site and post stuff on it is far lower.

    • The Florida law stipulated a minimum threshold of 100 million users for the law to apply. At this scale, it is a monopoly or oligopoly on private communication, and government is right to regulate.

      Did email stop working when I wasn't looking? Email is private communication. Social media largely isn't.

      Perhaps you meant private in the legal sense, meaning non-governmental entities. In which case email still exists and social media still isn't a monopoly. Quite aside from your ability to put up a public website for the price of three cups of coffee. Are you worried that big social media companies might block access to your personal website? Then what you want is Net Neutrality guaranteed in law, n

  • This is fascism (Score:5, Insightful)

    by rsilvergun ( 571051 ) on Monday May 23, 2022 @03:50PM (#62559506)
    Not in the goofy sense of some dumb college kid using the word but the actual intermingling of State and corporate interests. We're seeing a lot of this coming out of Florida lately. Mixing the state and corporate interests together this way was a key component of Benito Mussolini's political beliefs. Along with ultra nationalism, a preoccupation with an idealized past that never was and the discredited belief in great man theory.

    Ron DeSantis will be running for president soon. If he does something similar to what we saw in January 6th is extremely likely that it will succeed that time.

    A lot of Americans do not believe certain people should be allowed to vote or that it should be easy to vote. A lot of people on this forum believe that.

    I want to take this moment to remind people that once you give up democracy you don't get it back. And that democracy for some but not for all isn't democracy it's just oligarchy with more steps.
    • Ron DeSantis will be running for president soon. If he does something similar to what we saw in January 6th is extremely likely that it will succeed that time.

      Nothing would give me more joy than for Biden to tell Kamala to refuse to certify the electoral college results. What, it was perfectly fine when Trump made the request. Are you saying there's something wrong in asking?

      • You're surrendering democracy. There's no way you don't know that.

        I guess the folks who put Mao, Xi, Stalin & Putin in charge thought it was a good idea at the time too. I wonder how many of them did it for the lulz though?
  • by oldgraybeard ( 2939809 ) on Monday May 23, 2022 @03:52PM (#62559516)
    Does the constitution give rights to individuals or corporations or both? If corporations have 1st amendment rights, do they have 2nd amendment rights to arm themselves? Are corporations protected from un reasonable search and seizures? If so why pay taxes or follow regulations. The IRS or EPA can't look at any of your internal information without a warrant. Which would make everything takes years or decades. Just wondering.
    • by sconeu ( 64226 )

      Corporations have 1st Amendment rights. See Santa Clara County v. Southern Pacific Railroad (1886), and Citizens United v. FEC (2010)

    • I'll believe corporations are people when Texas executes one.

    • You're acting like all of this is new. Yes, these rights apply to organizations as well as individuals. Didn't you take civics in school?
      The police can't force a church or an amusement park to let them conduct a search for evidence of a crime without obtaining a warrant.
      The governor of Texas can't stop The Dallas Morning News from publishing an editorial critical of his policies.
      It would be unconstitutional for the Idaho state legislature to ban hunting clubs from owning rifles.

    • Does the constitution give rights to individuals or corporations or both? If corporations have 1st amendment rights, do they have 2nd amendment rights to arm themselves? Are corporations protected from un reasonable search and seizures? If so why pay taxes or follow regulations. The IRS or EPA can't look at any of your internal information without a warrant.

      Because corporations are made up of people, the constitutional protections generally apply. The government can't prevent a person from publishing (freedom of the press), and people organizing as a corporation to publish maintain the same right.

      For taxes and regulations, the government does need warrants to search private property. The IRS doesn't work by searching company internal information; corporations supply information to the IRS. Under audit, the IRS can request more information. If the corporation i

  • "Put simply, with minor exceptions, the government can't tell a private person or entity what to say or how to say it"

    Want to ban speech on "my lawn" grounds? Fine. Two can play that game.

    NO public Representative will be allowed to professionally use using any private social media platform to communicate with their constituency. You will be forced to use a public platform for your taxpayer-funded public duties. And yeah, that still includes the actual Town Square you can command at any time, as well as entire television channels dedicated to your daily drivel. No bullshit excuses.

    Now get the fuck off the lawn. All

    • "NO public Representative will be allowed to professionally use using any private social media platform to communicate with their constituency." Interesting? Maybe Good! What is a private social media company? What is email(is O365 a platform?) or a phone call(is the phone network a platform?)?
      • "NO public Representative will be allowed to professionally use using any private social media platform to communicate with their constituency." Interesting? Maybe Good! What is a private social media company? What is email(is O365 a platform?) or a phone call(is the phone network a platform?)?

        Hillary Clinton's bleached server should have taught the public something. There should be zero excuse as to why any elected public official is not using an official .gov email address communicating with a fully audited server. Ironically enough, they already have fully compliant O365 GCC High and DoD offerings.

        Same goes for phones. Carry a personal one all you want. But any official business happens over the business line. Audit capability is the key concern to be addressed.

        What is a Representative?

  • Keep sending these cases to a conservative higher court and the results are going to be fun.
  • I just gag on the thought that there are 100s of thousands of bureaucrats, lawyers, lobbyist, judges and politicians (many of whom are political hacks and corrupt) out there more than willing to burn everything down for the right fee.
  • https://reason.com/volokh/2022... [reason.com]

    A comment on the Rumsfeld v. FAIR thread [reason.com] reminded me that there's some confusion about this question, especially in light of last year's Cedar Point Nursery v. Hassid [google.com] decision. Cedar Point held that a regulation providing that "[a]gricultural employers must allow union organizers onto their property for up to three hours per day, 120 days per year" "constitutes a per se physical taking" of private property and thus requires the government to pay "just compensation" to th

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