December 8, 2022

After an appeals court struck down key parts of state law designed to prevent social media companies from freely making content modification decisions, Florida wants the Supreme Court to play its part.

Florida Attorney General Ashley Moody Petition Wednesday Asking the country’s highest court to intervene in the case after two federal appeals courts delivered contradictory rulings.

In Florida, the US Court of Appeals for the Eleventh Circuit has decided that it is unconstitutional for the state to prevent social media companies from issuing bans on political figures. While the court subtracted Most of Florida law, US Court of Appeals for the Fifth Circuit only supported A parallel law in Texas known as House Bill 20, says it does not infringe the First Amendment rights of social media sites.

In Florida, Senate Law 7072 prohibits platforms that ban or disapprove prioritized candidates for state office as well as news outlets that exceed a certain size limit. The law will open social media companies to lawsuits when users or the state determine that they have managed content or user accounts in a way that violates the spirit of the law.

Unlike in Texas, a court that examined Florida law found that social media companies fall under the First Amendment when it comes to making decisions about modifying content.

“We conclude that the content moderation activities of social media platforms – allowing, removing, prioritizing and de-prioritizing users and posts – constitute ‘speech’ within the meaning of the First Amendment,” the panel of judges wrote in the court ruling.

Netchoice, an industry group representing Meta, Google, Twitter and other technology companies, Expected confidence That the Supreme Court will resolve the nationwide dispute over content modification in its favour, although it is difficult to predict how things will change.

“We agree with Florida that the US Supreme Court should consider this case…,” said Carl Szabo, NetChoice Vice President and General Counsel. “We look forward to seeing Florida in court and upholding the lower court’s decision. We have the Constitution and more than a century of precedent on our side.”

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