Notice: Function _load_textdomain_just_in_time was called incorrectly. Translation loading for the wp-plugin-hostgator domain was triggered too early. This is usually an indicator for some code in the plugin or theme running too early. Translations should be loaded at the init action or later. Please see Debugging in WordPress for more information. (This message was added in version 6.7.0.) in /home4/scienrds/scienceandnerds/wp-includes/functions.php on line 6114

Notice: Function _load_textdomain_just_in_time was called incorrectly. Translation loading for the ol-scrapes domain was triggered too early. This is usually an indicator for some code in the plugin or theme running too early. Translations should be loaded at the init action or later. Please see Debugging in WordPress for more information. (This message was added in version 6.7.0.) in /home4/scienrds/scienceandnerds/wp-includes/functions.php on line 6114

Warning: Cannot modify header information - headers already sent by (output started at /home4/scienrds/scienceandnerds/wp-includes/functions.php:6114) in /home4/scienrds/scienceandnerds/wp-includes/rest-api/class-wp-rest-server.php on line 1893

Warning: Cannot modify header information - headers already sent by (output started at /home4/scienrds/scienceandnerds/wp-includes/functions.php:6114) in /home4/scienrds/scienceandnerds/wp-includes/rest-api/class-wp-rest-server.php on line 1893

Warning: Cannot modify header information - headers already sent by (output started at /home4/scienrds/scienceandnerds/wp-includes/functions.php:6114) in /home4/scienrds/scienceandnerds/wp-includes/rest-api/class-wp-rest-server.php on line 1893

Warning: Cannot modify header information - headers already sent by (output started at /home4/scienrds/scienceandnerds/wp-includes/functions.php:6114) in /home4/scienrds/scienceandnerds/wp-includes/rest-api/class-wp-rest-server.php on line 1893

Warning: Cannot modify header information - headers already sent by (output started at /home4/scienrds/scienceandnerds/wp-includes/functions.php:6114) in /home4/scienrds/scienceandnerds/wp-includes/rest-api/class-wp-rest-server.php on line 1893

Warning: Cannot modify header information - headers already sent by (output started at /home4/scienrds/scienceandnerds/wp-includes/functions.php:6114) in /home4/scienrds/scienceandnerds/wp-includes/rest-api/class-wp-rest-server.php on line 1893

Warning: Cannot modify header information - headers already sent by (output started at /home4/scienrds/scienceandnerds/wp-includes/functions.php:6114) in /home4/scienrds/scienceandnerds/wp-includes/rest-api/class-wp-rest-server.php on line 1893

Warning: Cannot modify header information - headers already sent by (output started at /home4/scienrds/scienceandnerds/wp-includes/functions.php:6114) in /home4/scienrds/scienceandnerds/wp-includes/rest-api/class-wp-rest-server.php on line 1893
{"id":6475,"date":"2022-05-24T14:44:16","date_gmt":"2022-05-24T14:44:16","guid":{"rendered":"https:\/\/scienceandnerds.com\/2022\/05\/24\/floridas-social-media-moderation-ban-is-probably-unconstitutional-says-court\/"},"modified":"2022-05-24T14:44:17","modified_gmt":"2022-05-24T14:44:17","slug":"floridas-social-media-moderation-ban-is-probably-unconstitutional-says-court","status":"publish","type":"post","link":"https:\/\/scienceandnerds.com\/2022\/05\/24\/floridas-social-media-moderation-ban-is-probably-unconstitutional-says-court\/","title":{"rendered":"Florida\u2019s social media moderation ban is probably unconstitutional, says court"},"content":{"rendered":"

Source: https:\/\/www.theverge.com\/2022\/5\/23\/23138172\/eleventh-circuit-blocks-florida-content-moderation-ban<\/a>
\n
<\/br><\/code><\/p>\n

\n

A US appeals court says Florida\u2019s ban on much social media moderation likely violates the First Amendment, setting up a legal showdown over social networks\u2019 speech rights. Today, the Eleventh Circuit Court of Appeals upheld most of an earlier court order blocking<\/a> Florida\u2019s SB 7072 while a lawsuit proceeds. It directly contradicts a recent ruling over Texas\u2019 similar moderation ban, setting up a split that the Supreme Court could step in to resolve.<\/p>\n

The Eleventh Circuit ruling<\/a> focuses on whether Florida\u2019s law \u2014 which heavily restricts suspensions, fact-checking, and content removal involving political candidates and media enterprises \u2014 plausibly violates the First Amendment. Florida\u2019s defense of the law characterizes web platforms as quasi-governmental public spaces or \u201ccommon carriers\u201d akin to a phone company, making their moderation calls (in its line of reasoning) ineligible for First Amendment protection. The ruling, delivered by Circuit Judge Kevin Newsom, disagrees.<\/p>\n

\u201cPlatforms are private enterprises, not governmental (or even quasi-governmental) entities,\u201d declares Newsom\u2019s opinion. \u201cNo one has a vested right to force a platform to allow her to contribute to or consume social media content.\u201d The court also determines that \u201csocial media platforms aren\u2019t \u2018dumb pipes\u2019\u201d \u2014 in other words, they\u2019re not common carriers. Instead, they\u2019re digital spaces that are actively curating a community by creating terms of service and deciding how to deliver and prioritize content. In Newsom\u2019s words, \u201cwhen a platform selectively removes what it perceives to be incendiary political rhetoric, pornographic content, or public-health misinformation, it conveys a message and thereby engages in \u2018speech\u2019 within the meaning of the First Amendment.\u201d<\/p>\n

\n