Tech trade groups sue Florida over new social media law

Source: The Hill | May 27, 2021 | Rebecca Klar

Two tech grade groups filed a lawsuit Thursday against Florida over a newly signed law that would fine social media platforms that try to permanently ban political candidates. 

The complaint filed by NetChoice and the Computer and Communications Industry Association (CCIA) allege the Florida bill infringes on free speech protections and has a “political motive” to target companies based on the state’s opinion on companies’ content moderation decisions. 

“Rather than preventing what it calls ‘censorship,’ the Act does the exact opposite: it empowers government officials in Florida to police the protected editorial judgment of online businesses that the State disfavors and whose perceived political viewpoints it wishes to punish,” the complaint states

Florida Gov. Ron Desantis (R) signed the bill Monday. It would prohibit most tech companies, with an exception for companies that own and operate theme parks, from banning politicians in the state.

The law allows the Florida Election Commission to impose fines of $250,000 per day on companies that de-platform candidates for statewide office, and $25,000 per day for companies that de-platform candidates for non-statewide offices. 

“U.S. free speech principles protect the public from government penalties for speech; they do not protect elected officials from the speech choices of the public. Forcing a company to publish government officials’ speech is more characteristic of last-century dictatorships than 21st-century democracies,” CCIA President Matt Schruers said in a statement. 

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