May 23, 2 o'clock

A Florida law prohibiting social media companies from deplatforming political candidates will remain blocked even after a similar law in Texas was allowed to take effect.

Election 2022 DeSantis

The Conservative Political Action Conference is in Florida.

ASSOCIATED PRESS

The 11th Circuit Court of Appeals upheld a district court order blocking the law that imposed fines on any social media platform that banned or suspended political candidates.

The First Amendment protects the actions of private actors in social media, and the appellate court ruled that they can take whatever actions they see fit against users.

One aspect of the law, which requires social media companies to let users who have been deplatformed to access their own data for at least 60 days, was allowed to take effect.

The law didn't violate the First Amendment because the tech companies are merely hosting users and shouldn't be allowed to ban them.

The state of Florida was pleased that the court upheld major portions of the law and recognized the state's authority to rein in social media companies.

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$250,000. If a candidate for statewide political office is deplatformed, social networks have to pay a daily fine of $25,000 per day.

Key Background

In response to widespread criticism on the right, Florida enacted its social media law in May of 2021. A district court judge blocked the policy in July because it was expected to be subject to legal challenges. A similar law in Texas was restored by a different federal appeals court in May. The 5th Circuit, which is known for being one of the most conservative appeals courts in the country, reversed a lower court ruling that halted Texas' social media law without comment, allowing the law to once again take effect.

What To Watch For

Tech groups have asked the Supreme Court to weigh in on Texas social media law and decide whether or not it should stay in effect as the lawsuit against it moves forward. A ruling could come at any time, as the court hasn't yet weighed in on the issue. It's not clear how Republicans will react to Musk taking control of the social network. Trump has said that he would stay on his own social network, Truth Social, and not go back to the micro-messaging service.

Tangent

Disney is one of the state's biggest employers and was spared from having to comply with the policy. After Disney came out against the state's "Don't Say Gay" law, the Florida Legislature turned on the company.

Florida Blocks Big Tech From Deplatforming Conservatives.

A federal judge blocks a Florida social media law.

The ruling lets Texas ban social media moderation.

Tech giants want the Supreme Court to freeze Texas social media law.