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Chronicles

The story behind the story

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Industry groups representing Google, Facebook, and others sue Florida over its new social media law, calling it a “frontal assault on the First Amendment”

two of Florida's largest businesses—for no reason other than they own a theme park of at least 25 square miles. https://twitter.com/... Adam Kovacevich / @adamkovac : Everyone who wants the Internet to be better should cheer for @NetChoice and @ccianet's lawsuit against the Florida bill tying tie platforms' hands against hate, disinformation, and toxic content. Popping the 🍿 and cheering 📣 https://twitter.com/... @netchoice : Not only does it compel private online businesses to host content they'd otherwise remove or restrict, it also gives special treatment to certain speakers like political candidates and threatens severe penalties even when the businesses step in to protect their users. https://twitter.com/... @drjaneholland : @disclosetv So... they're suing for their “free speech rights” to censor political views they don't like? 😶 @cendemtech : The FL law privileges politicians over regular users and ties social media platforms' hands when it comes to certain actions on content by or even about political candidates, no matter how abusive or inappropriate. This includes foreign #disinfo campaigns about our elections. Kris Siegel / @krissiegel : @Techmeme @thedextriarchy Since it's an obviously unconstitutional law, the residents of Florida will get to pick up the tab and pay for all of this political grandstanding. And in 2022 they'll still vote them back in... David French / @davidafrench : They're right. https://twitter.com/...

The Verge Adi Robertson

Context & Ripple Effects

The suit follows an earlier assessment that Florida’s Stop Social Media Censorship Act faced constitutional and Section 230 challenges, now crystallized in a trade-group challenge to the state’s limits on platform moderation. The case became an early node in the broader Florida-and-Texas dispute that the Supreme Court later agreed to review in the paired state social-media cases.

Related coverage shows the litigation did not end with the filing: the Court ultimately sent the Florida and Texas cases back because the lower courts had not properly analyzed the First Amendment claims in its remand order. That makes this challenge consequential for the legal boundary between state mandates and platforms’ editorial policies.

First-order effects

  • NetChoice and CCIA put Florida’s law into immediate legal dispute, seeking to preserve Google, Facebook, and other members’ ability to remove or restrict content under their own moderation rules.
  • Florida must defend provisions that the groups say compel private online services to carry material they would otherwise restrict and give certain speakers special treatment.

Second-order effects

  • Texas-style restrictions on platform moderation gain a clearer litigation roadmap, as the dispute centers on whether state rules burden companies’ First Amendment rights.
  • Platform trade associations become the vehicle for a shared defense of moderation discretion, rather than leaving individual member companies to contest state laws separately.

Third-order effects

  • The Florida challenge is part of a structural fight over whether social platforms are private editors or regulated conduits, with the courts’ First Amendment framework determining how much room states have to prescribe moderation practices.
  • As Florida and Texas laws proceed through review, inconsistent lower-court treatment can push the issue toward nationwide constitutional standards rather than state-by-state content rules.

The trend: US states are testing how far they can regulate platforms’ content-moderation decisions, while industry groups seek to frame those decisions as protected editorial judgment.

Discussion

  • @netchoice @netchoice on x
    The law also violates the Fifth and Fourteenth Amendments. Despite the State's claim that the law is necessary to protect Floridians, the law's text and lawmakers' statements reveal that the law's true purpose is to retaliate against popular online businesses. https://twitter.com…
  • @wiseguysix @wiseguysix on x
    Anybody can file a suit-show some balls & completely deplatform DeSantis. Give him the Laura Loomer treatment. Make it so he can't even post on https://farmersonly.com/ https://twitter.com/...
  • @netchoice @netchoice on x
    Today, NetChoice and CCIA, sued the State of Florida to enjoin and invalidate SB 7072 to defend the First Amendment and other constitutional rights of private businesses. This lawsuit follows Governor DeSantis' signing of the law on Monday, May 24th, 2021.
  • @reckless Nilay Patel on x
    I'm sorry but I love this hilariously corrupt law and we desperately need Twitter to open a theme park in Miami to get out of it instead of this lawsuit https://www.theverge.com/...
  • @davidafrench David French on x
    They're right. https://twitter.com/...
  • @cendemtech @cendemtech on x
    Today's lawsuit by @NetChoice and @ccianet challenging the Florida “deplatforming” law, SB 7072, is a strong challenge to a blatantly unconstitutional law. https://twitter.com/...
  • @arozenshtein Alan Rozenshtein on x
    For those looking for docket information, it's NetChoice, LLC v. Moody, No. 4:21-cv-00220-RH-MAF (N.D. Fla.) https://twitter.com/...
  • @netchoice @netchoice on x
    Consider that the law inexplicably exempts Walt Disney and Comcast—two of Florida's largest businesses—for no reason other than they own a theme park of at least 25 square miles. https://twitter.com/...
  • @adamkovac Adam Kovacevich on x
    Everyone who wants the Internet to be better should cheer for @NetChoice and @ccianet's lawsuit against the Florida bill tying tie platforms' hands against hate, disinformation, and toxic content. Popping the 🍿 and cheering 📣 https://twitter.com/...
  • @netchoice @netchoice on x
    Not only does it compel private online businesses to host content they'd otherwise remove or restrict, it also gives special treatment to certain speakers like political candidates and threatens severe penalties even when the businesses step in to protect their users. https://twi…
  • @drjaneholland @drjaneholland on x
    @disclosetv So... they're suing for their “free speech rights” to censor political views they don't like? 😶
  • @krissiegel Kris Siegel on x
    @Techmeme @thedextriarchy Since it's an obviously unconstitutional law, the residents of Florida will get to pick up the tab and pay for all of this political grandstanding. And in 2022 they'll still vote them back in...
  • @cendemtech @cendemtech on x
    The FL law privileges politicians over regular users and ties social media platforms' hands when it comes to certain actions on content by or even about political candidates, no matter how abusive or inappropriate. This includes foreign #disinfo campaigns about our elections.