A bill signed into law by Florida Gov. Ron DeSantis theoretically makes it illegal for social media platforms like Facebook, Instagram, and Twitter to deplatform politicians.
The Florida Senate Bill 7072 was first put forward in February this year, following the banning of former President Donald Trump from multiple social media platforms after the march on, and riot at, the US Capitol. It proposes fining social media companies between $25,000 and $250,000 per day, depending on whether the ban is for non-statewide or statewide office candidates.
What the Bill Says
The Verge reports that, at a press conference at the Florida International University in Miami on Monday, May 24, DeSantis said that, “This will lead to more speech, not less speech. Because speech that’s inconvenient to the narrative will be protected.”
As TechCrunch notes, the bill means that platforms cannot ban or deprioritize candidates for state office. They also can’t ban or deprioritize any news outlet that meets certain size requirements. In addition, platforms have to be transparent about the moderation processes they employ, as well as giving users notice of any moderation actions.
Should they fail to comply with these laws, both users and the state have the right to sue rule-breaking companies. While these fines aren’t going to bankrupt a company with the deep pockets of, say, Facebook, a potential fine of a quarter million dollars per day could certainly add up.
As fearsome as all of this sounds, however, the big question is how legal it is. The Chamber of Progress has called it “clearly unconstitutional.” First and foremost, it butts heads with the question of whether moderation carried out by social media companies is protected by the First Amendment.
It could additionally potentially be overturned if it’s found to conflict with the famous Section 230 of the Communications Decency Act, which allows platforms to make editorial decisions (such as deleting or editing user content, or blocking certain material) without sacrificing their status as platforms, rather than publishers.
Fighting Big Tech
DeSantis’ bill is being hailed as a groundbreaking victory for Republicans fighting back against Big Tech. We’ll have to wait and see what happens next in terms of challenges, but this is certainly one of the higher profile examples of the Republican party going on the offensive against social media.
While this likely won’t settle the issue once and for all, it does push the debate back to the forefront of the conversation when it comes to politics and tech giants.