Former President Donald Trump has asked the Supreme Court to review Florida’s social media anti-censorship law. Some portions of the law were blocked by the US Court of Appeals for the 11th circuit.
The law prohibits online platforms from banning political candidates, requires them to apply content moderation rules consistently, and to make public their content moderation policies.
While signing it in May 2021, Florida’s Gov. Ron DeSantis said the law would ensure “real Floridians across the Sunshine State are guaranteed protection against the Silicon Valley elites.”
He added: “Many in our state have experienced censorship and other tyrannical behavior firsthand in Cuba and Venezuela. If Big Tech censors enforce rules inconsistently, to discriminate in favor of the dominant Silicon Valley ideology, they will now be held accountable.”
The 11th Circuit struck down some portions of the law because “with minor exceptions, the government can’t tell a private person or entity what to say or how to say it.”
In a friend-of-the-court brief, Trump argued that social media platforms are “common carriers,” and, therefore, not allowed to discriminate against users.
We obtained a copy of the brief for you here.
“Florida’s law is an attempt to ensure that platforms state their censorship policies and apply them consistently,” the brief continued.
“Recent experience has fostered a widespread and growing concern that behemoth social media platforms are using their power to crush political opposition.
“This concern is heightened because Platforms often shroud decisions to exclude certain users and viewpoints in secrecy, giving no meaningful explanation as to why certain users are excluded while others posting equivalent content are tolerated.”
The brief notes that Florida’s law does not require platforms “to carry or ban messages.”
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