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Judges block Florida law that says Facebook and Twitter can?t ban politicians


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Jon Brodkin

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SOURCE: https://arstechnica.com/tech-policy/2022/05/judges-block-florida-law-that-says-facebook-and-twitter-cant-ban-politicians/
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Summary

It wasn't a complete loss for Florida, as the judges said it is "unlikely that the law's remaining (and far less burdensome) disclosure provisions violate the First Amendment." Florida can thus enforce those less burdensome disclosure requirements while litigation is pending.The Florida law is similar to a Texas statute that prohibits large social media companies from moderating posts based on a user's "viewpoint." The Texas law was also blocked by a federal judge who ruled that it violates the social networks' First Amendment right to moderate user-submitted content.But the Texas law was revived this month by the US Court of Appeals for the Fifth Circuit. To that end, the new law would, among other things, prohibit certain social-media companies from "deplatforming" political candidates under any circumstances, prioritizing or deprioritizing any post or message "by or about" a candidate, and, more broadly, removing anything posted by a "journalistic enterprise" based on its content.We hold that it is substantially likely that social-media companies—even the biggest ones—are "private actors" whose rights the First Amendment protects, that their so-called "content-moderation" decisions constitute protected exercises of editorial judgment, and that the provisions of the new Florida law that restrict large platforms' ability to engage in content moderation unconstitutionally burden that prerogative.

As said here by Jon Brodkin