Ron DeSantis intends to sanction internet companies that censor the profiles of political candidates
Photo: Press Ron Desantis / EFE
Friday, November 15
Experts warn that the new Florida Governor's law on social media is unconstitutional
The Governor of Florida, Ron DeSantis, has promoted new legislation to regulate content on the Internet. What the high official of the state intends is to prevent social media companies, such as Facebook or Twitte r, block the presence of users in those places, managed by private companies.
For that reason, many legal experts assure that, although is the first law state that regulates the moderation of online content , it is almost likely that it will also be the first law of its kind is to be repealed in court.
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FLORIDIANS to SUE Social Media Companies
The law, which takes effect July1, will give Fl’s attorney general authority to sue companies under the state’s Deceptive and Unfair Trade Practices Act.
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– 🌌KiTTY🎆McFEiSTY🌌 (@HyperPiper 17) May 25, 2021
With the law Stop Social Media Censorship Act . This legislation has been drafted after the main social media companies decided to suspend the accounts of former President Donald Trump after the assault on the Capitol.
The law imposes fines of up to $ 250, 000 per day on any platform that deactivates the account of a candidate for political office and prohibits platforms from taking action against “journalistic companies.”
For A. Michael Froomin, professor of law at the University of Miami, this legislation has no reason to exist. “This is so obviously unconstitutional that you would not even put it in an exam,” stated the expert in statements collected by Wired . And it is that taking into account a precedent of the Supreme Court, the First Amendment prohibits private entities from being forced to publish or transmit someone else’s speech.
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Florida’s New Social Media Law Will Be Laughed Out of Court The Stop Social Media Censorship Act almost certainly violates both the US Constitution and Section 230 of the Communications Decency Act . https://t.co/ XBqye0aN2M via @ wired
– John Reilly (@ JJREILLY3) May 25, 2021
Prohibit the “removal of platforms” of political candidates probably would be interpreted as an essential unconstitutional provision , as explained Wired .
“Furthermore, the Constitution is not the only problem with the new law. It also conflicts with Section 230 of the Communications Decency Act, a federal law that generally keeps online platforms immune from liability for their content moderation decisions. The section 230 has become the object of resentment on both sides of the political aisle, but for different reasons. Liberals tend to think that the law allows online platforms to get away with leaving too much harmful material. While conservative critics argue that they can eliminate too many things and that it also allows conservatives to be censored under the guise of content moderation ”, it is exposed.
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