Florida Law on Content Moderation May Be Unconstitutional

Across state legislatures, there has been a recent shift in passing legislation regarding content moderation on social media platforms.  Florida was among the first to file this kind of legislation, which was found unconstitutional by lower courts and will be heard by the Supreme Court early next year.

A recent report from the Computer & Communications Industry Association (CCIA) demonstrated over 200 bills moderating content on social media that is deemed dangerous per the respective law are actively in the process of being passed in state legislatures across the nation. More seem to be coming in 2023

"Key takeaways from this report conclude that many legislators made the measured decision to pause the advancement of legislation that bans “censorship” until the Supreme Court makes its decision," said CCIA State Policy Director Khara Boender. "However, many new types of proposals regulating online speech were introduced in 2023."

States continued to do this, despite lower courts finding that Florida's content moderation bill violates the First Amendment.  The Supreme Court will now be looking at SB 7072.

Once again, Florida has caught political headlines, this time with SB 7072.  The 2021 bill recognizes the utility of social media in terms of communication and makes several augmentations to how this ought to be used.  The language of the bill further communicates users' rights over their personal information as well, protecting individuals from Big Tech.

The bill also calls out the practice of "Shadow banning" or de-platforming political figures, claiming they are not acting in good faith as social media companies.

CCIA State Policy Director Khara Boender gave her remarks on the impending legal battle and the political ramifications of it, "We hope CCIA’s 2023 content moderation landscape will be a helpful resource to many and can assist those concerned with government attempts to regulate how digital services moderate online speech. Key takeaways from this report conclude that many legislators made the measured decision to pause the advancement of legislation that bans “censorship” until the Supreme Court makes its decision. However, many new types of proposals regulating online speech were introduced in 2023."

Boender further predicts that tech issues will remain in the political lime light for the time being, with moderation taking main focus in 2024.