The US Supreme Court has unanimously remanded two crucial cases involving social media regulation laws from Florida and Texas back to lower courts. This move concerns cases relating to both Florida and Texas, where the primary question was whether laws that restrict certain websites from making editorial censorship decisions violate the First Amendment.
On May 24, 2021, Florida Governor Ron DeSantis signed into law SB 7072, which aims to regulate social media platforms by prohibiting the deplatforming of political candidates and requiring platforms to provide explanations when censoring content, among other stipulations. SB 7072 places several specific restrictions and requirements on social media platforms, including:
- Prohibiting the willful deplatforming of political candidates,
- Banning the censorship or deplatforming of journalistic enterprises based on content,
- Imposing hefty fines on social media platforms that deplatform candidates for political office—up to $250,000 per day for statewide candidates and $25,000 per day for other candidates,
- Requiring platforms to notify users and provide explanations before taking actions like censoring or deplatforming,
- Granting Floridians the right to sue platforms for violations and seek monetary damages,
- Empowering the Florida Attorney General to sue technology companies under the state’s Unfair and Deceptive Trade Practices Act,
That same year, Texas Governor Greg Abbott signed HB 20, a law regulating social media platforms by prohibiting them from censoring content based on viewpoint and imposing several obligations related to content moderation processes.
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