Seabass wrote:
Florida governor signs law to block ‘deplatforming’ of Florida politicians
Florida Gov. Ron DeSantis signed a bill Monday that bars social media companies like Twitter and Facebook from “knowingly” deplatforming politicians.
The bill, SB 7072, was proposed in February, weeks after former President Donald Trump was banned from Facebook and Twitter after the deadly right-wing riot at the US Capitol. The law bars social media platforms from banning Floridian political candidates and authorizes the Florida Election Commission to impose fines if these candidates were to be deplatformed. The fines range from $250,000 per day for statewide office candidates and $25,000 per day for non-statewide offices.
“This will lead to more speech, not less speech,” DeSantis said during a press conference at the Florida International University in Miami Monday. “Because speech that’s inconvenient to the narrative will be protected.”
Many are already skeptical about the new law’s legality, with the tech-friendly Chamber of Progress calling it “clearly unconstitutional.” As a state law, the measure could be overturned if courts find it conflicts with Section 230 of the Communications Decency Act, which broadly immunizes platforms from liability for good-faith moderation activity. It could also be subject to a constitutional challenge under the First Amendment, which has been interpreted to broadly prevent government interference to corporate speech.
But regardless of its legal status, the measure will help establish DeSantis’ political bona-fides among the anti-tech wing of the Republican Party. For years, Republicans have pressured platforms like Facebook over their content moderation policies, accusing the companies of being biased against conservative speech online. DeSantis’ bill is one of the first major victories for populist Republicans in opposition to the power of Big Tech.
Carl Szabo, the vice president and general counsel for NetChoice, a trade group representing large tech companies like Facebook and Amazon, argued that the law could be found to be unconstitutional. “The First Amendment prohibits the government from compelling or controlling speech on private websites,” said Szabo. “If this law could somehow be enforced, it would allow lawful but awful user posts including pornography, violence, and hate speech that will make it harder for families to safely navigate online.”
The law includes a measure, added earlier this month, exempting any company that owns a large theme park or entertainment venue. At the time, Republican state Rep. Blaise Ingoglia said that the exemption was put in place to protect the Disney Plus streaming service. Florida’s economy benefits greatly from The Disney World parks in Orlando which provide significant tax revenue for the state.
https://www.theverge.com/2021/5/24/22451425/florida-social-media-moderation-facebook-twitter-deplatforming
Good luck enforcing a law that will ultimately require tech companies to
break the law in other countries where their servers are based.
For example, the server that hosts RatSkep is based in Germany, a country which has in place strict laws prohibiting the dissemination of Holocaust denial propaganda. If memory serves, at least some of those laws are part of the German criminal law code.
As a corollary, if one of the Rethuglicon wingnuts decides to go full-bore David Irving, and launch into sleazy Holocaust denial, any social media company with servers in Germany, will be required by German law to shut down the dissemination of said Holocaust denial output via German-based servers. Said social media company might even be required to take additional measures, to shut down the propagation of such material via
any server that could be accessible within German soil, even if the server is based in a different jurisdiction.
Likewise, I suspect Israel will not be too happy, if this piece of Floridian wingnuttery ends up allowing the dissemination of Holocaust denialism, or worse still, outright neo-Nazism.
I also suspect that the Southern Poverty Law Centre and the ACLU will have something to say about this dreck in court, and on numerous grounds other than constitutionality. Not least because output on the Internet that results in real-world criminal offences being committed (e.g., doxxing leading to someone being the victim of an arson attack) is already subject to relevant legal sanction, as is incitement to violence.
But of course, the slimeballs responsible for this latest outrage against jurisprudence, are either too stupid to understand such issues, or too duplicitous to care.