Florida, in a First, Will Fine Social Media Companies That Bar Candidates

[Lasher]

Source: New York Times

WASHINGTON — Florida on Monday became the first state to regulate how companies like Facebook, YouTube and Twitter moderate speech online, by imposing fines on social media companies that permanently bar political candidates in the state.

The law, signed by Gov. Ron DeSantis, is a direct response to Facebook’s and Twitter’s bans of former President Donald J. Trump in January. In addition to the fines for barring candidates, it makes it illegal to prevent some news outlets from posting to their platforms in response to the contents of their stories.

Mr. DeSantis said signing the bill, which is likely to face a constitutional challenge, meant that Floridians would be “guaranteed protection against the Silicon Valley elites.”

“If Big Tech censors enforce rules inconsistently, to discriminate in favor of the dominant Silicon Valley ideology, they will now be held accountable,” he said in a statement.



Read more: https://www.nytimes.com/2021/05/24/technology/florida-twitter-facebook-ban-politicians.html

---

No way this can hold up.

[truthisfreedom]

1. Interfering with legal commerce, for one thing.

These companies are simply protecting their bottom line by blocking hate speech.

[AZ8theist]

27. Good luck collecting, DeSatan. Good luck....

[Justice matters.]

33. They can cut off Florida (all IPs from the state) from posting, reading, viewing...

if they lose in Court and the USSC holds it?

[Walleye]

2. They hate First Amendment as much as they love the second

[C Moon]

3. The GOPutin is trying so hard to set the pins back up the way they were before jackass lost the WH.

They need jackass to post lies on social media.

[Steelrolled]

4. This will be interesting

There are so many angles and views on this issue, and so much money, that it will make all our heads spin.

Couldn't happen to a nicer industry.

[Phoenix61]

6. It will be a complete waste of Florida tax payer money.

Since a portion of that is mine, I’m less than thrilled. It has no way of standing up in court. It’s nothing but show boating by DeSatan to get/keep the orange idiots support.

[Phoenix61]

5. It will never happen. They have no jurisdiction to make

them pay. That’s skipping the fact it’s a private company and they can enforce their TOS that users agree to.

[dalton99a]

7. Clearly unconstitutional.

https://lawandcrime.com/high-profile/gov-desantiss-proposed-laws-penalizing-social-media-companies-for-de-platforming-politicians-is-hilariously-unconstitutional/
Gov. DeSantis’s Proposed Law Penalizing Social Media Companies for De-Platforming Politicians Is ‘Hilariously Unconstitutional’
Jerry Lambe
Feb 3rd, 2021, 12:39 pm

Despite his degree from Harvard Law School, Florida’s Republican Gov. Ron DeSantis’s latest fusillade against Silicon Valley has left legal observers wondering whether he has read the First Amendment of the U.S. Constitution. The pro-Trump Republican zealously advocated for a series of self-styled anti-censorship laws that three legal experts contacted by Law&Crime noted amount to unconstitutional compulsory speech for private companies—in direct contravention of U.S. Supreme Court precedent.

And DeSantis could have learned as much by reading a famous high court case involving his hometown paper.

[Lasher]

10. Yes, it's a bone to Trump and his minions.

[Major Nikon]

36. Hilarious until you realize taxpayers are footing the legal bills

There should be a federal law which makes citizen tax burdens for this sort of bullshit recoverable directly from the idiot politicians that pass this garbage. This would include stupid abortion laws they keep passing which are guaranteed to fail. They will stop doing this only when they are held personally responsible. It's not as if their anencephalic base is going to hold them responsible at the ballot box.

[area51]

59. +1 n/t

[twin_ghost]

8. This will be decided by the courts.

I think we all have an interest in being able to read, hear & watch the views of all political candidates running for a political office. What if youtube.com said they would no longer allow the views of democratic political candidates on their site?

[Justice matters.]

37. Although that's true, we know damn well why DeSatan is doing this...

It's to allow the oRange mob$teR to go back on Twitter to spread his never-ending lie$ and all-caps BS.

[underpants]

9. There sure are a lot of elites aren't there?

[Canoe52]

11. So now the GOP is anti-capitalism, anti-free market? Are they taking their script from the onion?

[monkeyman1]

12. RON "Death Sentence"

RE MIND'S ME OF THE SOUTH END OF A NORTH BOUND JACKASS !!!

[kimbutgar]

13. Maybe all these repukes need to be kicked off social Meghan like Twitter, Facebook and You tube

Ban Florida repukes !

[Lettuce Be]

14. So now they want to destroy capitalism?

Telling a private company what they have to do is complete and utter BS and cannot stand. Seriously what do they want? They whine about social programs, and preach private companies then try to control said private companies? What does that make them? Pulling my hair out ...

[Justice matters.]

34. Fascists is what that makes them. nt

[oldsoftie]

15. You're right; he has no right to impose that

It would be funny to see another 9-0 from the SCOTUS on this one.

[keithbvadu2]

16. Also the new Trump and Pillow man social media?

Also the new Trump and Pillow man social media?

[Lasher]

17. I don't think that thought has occurred to them.

I wonder if they remember the Fairness Doctrine.

[Skittles]

18. these same assholes think it is TYRANNY to wear a mask

they're such a fucking bad joke

[Scalded Nun]

19. Fuck Florida

I do not think Facebook has or will have offices in Florida.

Good luck collecting Gov. shit-for-brains.

Facebook should bar anyone with a Florida IP.

[csziggy]

23. So screw all the Democrats that will fight to get our state back?

This is part of the reason we don't win - we are willing to fuck over our own people just to get back at the RepuQs.

There are a lot of good Democrats here in Florida. Many of us have volunteered millions of hours to get Democrats elected locally, statewide, and nationally. But you are willing to throw us to the wolves. Please think about what you are saying.

[AZ8theist]

30. I agree with your position.

I live in Arizona in a district with an actual fascist insurrectionist as my Rep, the ODIOUS Andy Biggs, co-chair of the House Fascist Caucus.

He wins re-election with 60% of the vote every time.

Doesn't stop me from fighting.

You keep going....Florida is worth saving. We turned Arizona away from the darkness in 2020. You can do the same in Florida.

[csziggy]

31. Thanks, I get infuriated with the "dump Florida" or Texas, or whichever state is not blue enough

It comes up regularly here, as well as "Let the South secede." This country became what it is because we are so diverse, and I would hate to lose that diversity - or reduce future diversity.

The whole "cut them off" faction here is just another way to divide us and that is not what Democrats should be about.

I have trouble fighting it though - I am worried I will be banned because I am soooooo tempted to personally attack the people who suggest it.

[AZ8theist]

38. I think a lot of the vitriol is just hyperbole....

I know of no Democrats who would ACTUALLY support secession or dumping any state....

I've been angry enough to say lets' split up the country into red vs blue.

Until I realize that's Putin's wet dream. Then I return to the fight against the Repuke Nazis among us.....

I probably won't live long enough to see it, but the country is on track to become a white minority. And with it, the Repukes hold on power will disappear. That's why they are embracing fascism and dictatorship. They've got nothing else to offer.

Hang in there, Ziggy!

[csziggy]

39. Thanks! nt

[Justice matters.]

35. VPN networks can bypass (hide) IP locations

Some of them are free of charge.

Others like NordVPN and SurfShark cost very little.

[louis-t]

20. "Guaranteed protection" against the people that

disagree with drumpf, fox news or MTG.

[George II]

21. That will be in the courts in a NY minute. The internet has Federal jurisdiction, not to mention....

....controlling interstate commerce.

What's wrong with these people?

[Grokenstein]

22. Social media should respond by immediately banning every single Republican politician in Flaw'duh

until DeSantis apologizes to their satisfaction.

[localroger]

24. Well the social media companies could just deplatform the entire state

...then the state wouldn't have anything to complain about. Nobody can force you to do business in Florida if you don't want to.

[keithbvadu2]

25. How many fines is the guv willing to impose?

Anyone can declare him/herself a candidate for office.

You don't have to be nominated or go through any process.

Get kicked off and declare your candidacy.

Or declare it ahead of time.

Will FL impose a fine for all or 'enforce rules inconsistently'?

[keithbvadu2]

26. Does DeSantis or FL have a web page that has kicked people off for comments?

Does DeSantis or FL have a web page that has kicked people off for comments?

That could be considered social media.

[Cryptoad]

28. I have often wondered,,,,

how much Fl and other MAGA Warrior states spend annually on lawyers to defend these BS laws that will never cut muster in the courts,,?

[Maraya1969]

29. If that ever went through it would be hysterical to start an anti-desantis candidate

and have that person fill their FB and Twitter pages with the most embarrassing crap about him 24/7.

[AZLD4Candidate]

32. Test case. Go onto Parler and see if they delete you if you are a candidate

Then go to the Florida government and see if they fine Parler or any other right wing social media organization.

[ZonkerHarris]

44. well played

[orleans]

40. desantis: i'm sucking as fast as i can n/t

[iemanja]

41. The orange orangutan isn't a candidate

He's a has-been loser.

[SomewhereInTheMiddle]

56. That was my reaction.

First the former president has not been permanently banned by Facebook. They will revisit the ongoing ban in 6 months if I recall correctly. I do not recall the status on Twitter.

More importantly he is not a candidate. Depending on when in January the ban was laid down he was either sitting incumbent that had lost the election or just a private citizen. It is possible the law as written includes incumbents. But it would seem unlikely it would encompass all private citizens.

Perhaps it is more about them and their future campaigns than the former president.

[captain queeg]

42. Hmm. What about the free market?

Sort of like a restaurant saying they can decline service to anyone. These RWers will really open a can of worms. But I think it'll get laughed out of court.

[ZonkerHarris]

43. Twitter's TOS is stronger than any law these Florida idiots can write.

[SunSeeker]

45. Republicans really don't understand the 1st Amendment. Nor do they care. nt

[cstanleytech]

48. Very true as it only applies to the government censoring speech not private companies.

If it did then every person fired for telling a customer to fuck off could sue their employer for violating their 1st amendment rights.

[SunSeeker]

49. Exactly.

Whereas a government telling a private party like Twitter that it must carry certain political views on its website is a classic violation of the 1st Amendment.

[cstanleytech]

50. Yea, it would be like telling Fox News that they must actually be fair and balanced.

[rpannier]

46. They could decide to block all Florida IP addresses on their platform

That might catch the attention of many

[cstanleytech]

47. Where in the Constitution is any media required to give a politician a platform?

[Aussie105]

51. Social media simply needs to point out that:

1. 'Free speech' must not denigrate, abuse or otherwise put down any one individual or group. Or encouraging others into posting similarly or encourage acts of violence or in other ways break the law.

2. Fact checking will be applied. Mistruths, distortions, straight out lies will be deleted.

3. Any such posts in 1. and 2. above will be deleted and posters blocked, permanently.

3. Reporting mechanisms for people to report breeches of 1. and 2. above will be made available, and acted upon.

Free speech is fine. Abusive free speech is not.

Fine that, if you can, DeSantis. Terms of service, and all that.

Don't threaten someone bigger and more powerful than you, DeSantis.
Just don't.

Perhaps some social media tycoon called Mark could do a pre-emptive strike and make DeSantis disappear off his platform?

[Eugene]

52. politics as performance art

with the taxpayers footing the bill

Mini Trump just has to supply the base with another shiny object.

[Jon King]

53. Yes, its all performance with zero ability to enforce.

Desantis is a clown. Of course it is a meaningless law. Just the theme park exception alone makes it unenforceable. Its the same as a 1974 law in Florida requiring newspapers to print political candidates writings....that was ruled unconstitutional as is this.

[melm00se]

54. There are already some restrictions

as to what an outlet can and cannot do in relationship to campaign, specifically federal, ads.

For example, all commercial broadcast stations are required to sell or otherwise provide a “reasonable” amount of program and spot time (advertisements) to all legally qualified candidates for federal office within the area served by the station who request time for a use.

Additionally, stations (or media outlets) are prohibited from censoring the content of such ads.

While not directly on point, the FCC regulations would probably be used as a defense against challenges raised regarding this law.

[Steelrolled]

60. Yes, that is why I'm looking forward to an interesting battle.

It will be an enormous case if it makes it to the Supreme Court. It is hard to predict how the conservative majority in the court will view it

[melm00se]

61. The key question

will be: are social media platforms like FB and twitter, media outlets, like a broadcast outlet, thus fall under these rules.

If they do so declare, the FCC reasonable accommodation (and inability to censor) will kick in and the ability of the FCC (but probably not the state) to penalize will go active.

[steve2470]

55. DeSantis is clearly kissing Trump's ass, and oh yeah, this is totally unconstitutional

I would be totally shocked if SCOTUS upheld this.

[vsrazdem]

57. I didn't realize politicians were a protected class.

[Marrah_Goodman]

58. Unconstitutional.

[Voltaire2]

62. 1st amendment fail.

[Firestorm49]

63. Good. Maybe the social media companies should collectively

boycott FL until they come to their senses.
I’m guessing that hostile public opinion would straighten out the situation quickly.

[GB_RN]

64. This Is Merely Political Kabuki Theater

For the Mango Menace in Marm-a-Lardo. It won’t even survive basic constitutional challenges.

[marble falls]

65. This will die a quick and humiliating death.