UPDATED 22:59 EDT / MAY 24 2021

POLICY

Florida governor signs bill to block social media platforms from booting politicians

In a bid to prevent social media behemoths from banning politicians, Florida Governor Ron DeSantis signed a bill today that will prevent them from doing so.

Senate Bill 7072 is a response to former President Donald Trump being blocked from using the platforms of Facebook Inc. and Twitter Inc., as well as Google-owned YouTube. Soon after that happened earlier this year, the first proposal for the bill was written.

In a press release, DeSantis (pictured) was quoted as saying that the people need protecting from “Silicon Valley elites.” He added, “If Big Tech censors enforce rules inconsistently, to discriminate in favor of the dominant Silicon Valley ideology, they will now be held accountable.” His Lieutenant Governor Jeanette Nuñez was perhaps more hyperbolic, saying the bill will set back the “big tech oligarchs” and the threat of “communist rule.”

It also exempts theme park owners from the law, a rather blatant favor for the likes of The Walt Disney Co., operator of the Walt Disney World Resort near Orlando, Florida.

Trump is still banned on YouTube although that could be lifted. His Twitter ban now seems permanent, while after a recent review Facebook said that the ban will stay but things possibly might change in the future. Following that review, politicians from different sides came out and expressed support and dismay, with some accusing social media firms of being “Orwellian.”

In Florida, at least for the time being, the anti-tech forces may think they’ve won the fight. The new bill will make it illegal for any social media company to ban politicians in the state on a permanent basis, although 14-day bans can still be put in place.

Starting July 1, if a statewide politician has his or her account removed, the company could face up to a $250,000 fine for every day the account is down. If it’s a local candidate, that fine might only be $25,000 a day.

Whether any of this will stand is quite another matter. A constitutional challenge is likely since the move could violate the First Amendment. On top of that, Section 230 of the Communications Decency Act gives social media companies broad protection over liability for the content that appears on their platforms.

Critics of the bill have said such a bill will give too much power to the government in controlling what is said online, and that it’s anyone’s First Amendment right to have the choice to remove people or content they deem dangerous or vulgar. None of the social media companies has responded to the bill so far.

Photo: Gage Skidmore/Flickr

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