Posted on 07/05/2021 7:20:47 AM PDT by McQ444
Florida's Republican governor, Ron DeSantis, has vowed to go to war with Big Tech after a Democrat federal judge blocked his anti-censorship law that seeks to protect free speech online. Last week, U.S. District Judge Robert Hinkle, who was appointed by former President Bill Clinton, blocked a Florida law that aims to protect free speech online and prevent “a social media platform from willfully deplatforming a candidate.”
(Excerpt) Read more at nnettle.com ...
He should do it anyway. Judges ignore the law and overstep their bounds.
Cribbed from the Daily Wire: https://www.dailywire.com/news/ron-desantis-goes-to-war-over-big-tech-heres-why-this-battle-matters
Truly. We need to get something to the Supreme Court to test the basic principle that Judges are not in complete control of everything.
A state governor is trying to protect free speech. Some judge comes along ans “You can’t do that”. What?? Seems like something just made for the Supreme Court to slap down some unelected legislator from the bench.
If the federal court has no jurisdiction then the supreme court most likely will not either.
Fine. Keep it a state matter and just blatantly ignore the judge. What’s he going to do?
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No reason for you to excerpt or make this clickbait!
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Florida’s Republican governor, Ron DeSantis, has vowed to go to war with Big Tech after a Democrat federal judge blocked his anti-censorship law that seeks to protect free speech online.Last week, U.S. District Judge Robert Hinkle, who was appointed by former President Bill Clinton, blocked a Florida law that aims to protect free speech online and prevent “a social media platform from willfully deplatforming a candidate.”However, DeSantis has reportedly vowed to appeal the ruling, warning that this battle in the war against Big Tech censorship is far from over.DeSantis signed the legislation in late May.
The law aims to empower users who believed they had been discriminated against unfairly.The move also seeks to rein in Big Tech companies by holding them accountable for their
actions.
According to DeSantis, under SB 7072:All Floridians treated unfairly by Big Tech platforms will have the right to sue companies that violate this law — and win monetary damages. This reform safeguards the rights of every Floridian by requiring social media companies to be transparent about their content moderation practices and give users proper notice of changes to those policies, which prevents Big Tech bureaucrats from “moving the goalposts” to silence viewpoints they don’t like.The Attorney General of Florida can bring action against technology companies that violate this law, under Florida’s Unfair and Deceptive Trade Practices Act. If social media platforms are found to have violated antitrust law, they will be restricted from contracting with any public entity. That “antitrust violator” blacklist imposes real consequences for Big Tech oligopolies’ bottom line.Big Tech is prohibited from de-platforming Floridian political candidates.
The Florida Election Commission will impose fines of $250,000 per day on any social media company that de-platforms any candidate for statewide office, and $25,000 per day for de-platforming candidates for non-statewide offices. Any Floridian can block any candidate they don’t want to hear from, and that is a right that belongs to each citizen — it’s not for Big Tech companies to decide.
“This session, we took action to ensure that ‘We the People’ — real Floridians across the Sunshine State — are guaranteed protection against the Silicon Valley elites,” said Governor Ron DeSantis.
“Many in our state have experienced censorship and other tyrannical behavior firsthand in Cuba and Venezuela.”If Big Tech censors enforce rules inconsistently, to discriminate in favor of the dominant Silicon Valley ideology, they will now be held accountable.”
The two important takeaways which make this legislative effort unique in the context of Big Tech are as follows:The ability for users to take legal action against Big Tech platforms would represent a pivotal change in our current system, where companies enjoy almost complete projection from legal consequences under Section 230 of the Communications Decency Act.The explicit prohibition of the de-platforming of political candidates draws a clear line in the sand in terms of the political influence Big Tech companies can have during elections.According to The Daily Wire, Judge Hinkle argued in his injunction that preventing Big Tech companies from “deplatforming” likely violated the First Amendment rights of these platforms.
“The legislation compels providers to host speech that violates their standards — speech they otherwise would not host — and forbids providers from speaking as they otherwise would,” he wrote.“Like prior First Amendment restrictions, this is an instance of burning the house to roast a pig,” Hinkle added sarcastically, according to NBC News.”Balancing the exchange of ideas among private speakers is not a legitimate governmental interest.”And even aside from the actual motivation for this legislation, it is plainly content-based and subject to strict scrutiny.”
This specific debate is important because it represents the core of the ideological position DeSantis is presenting when it comes to the legislation of Big Tech.While Congress is focusing on issues such as antitrust law and the “creation” of competition in addition to the First Amendment concerns relating to Big Tech, DeSantis’ strategy is to focus on Big Tech’s impact on freedom of speech — an issue of massive importance for many conservatives — with state-level direction action that both takes national policy efforts into account and amplifies them, using the specific tools he has as a state governor.Given that DeSantis plans to challenge the injunction, it then becomes important to understand that other legal minds have spoken out on this strategy. Justice Clarence Thomas, for example, “appeared to argue that social media companies like Facebook and Twitter should no longer be able to hide behind protections like the First Amendment and Section 230 in their bid to regulate certain forms of speech on their platforms” in April.
Thomas hinted at two fundamental arguments that could be crucial elements of the legislative strategy for hindering Big Tech’s efforts to suppress conservative speech online.Firstly, the argument that companies like Twitter are “public accommodations” would provide legislators with effective tools to regulate their control of content — for better or for worse.Secondly, the explicit judicial acknowledgment that Section 230 is being leveraged by social media companies to provide “immunity” for their “bad-faith” removal of third-party content provides a further indication that the alteration of Section 230 is a possibility in the near future.DeSantis’s legislative efforts are squarely in line with this very same viewpoint.
I have another argument. These companies use right of ways provided by State wide eminent domain. Therefore, they are not fully private - they use public resources and are therefore open to regulation IMHO.
“According to Federal Communications Commission laws, stations can’t edit or censor.”
“Watson says the law is the same when it comes to an ad that includes outright lies.”
“You have no ability to either decline it nor do you have the ability to edit the content of it,’ says Watson.”
“Federal Communications Commission law dictates that stations give federal candidates ‘reasonable access’ to air time for ads.”
My TV, like yours, uses the public airwaves.
My cell phone, like yours, uses the public airwaves.
“The Internet didn’t get invented on its own. Government research created the Internet so that all the companies could make money off the Internet.”
President Obama
https://www.factcheck.org/2012/07/you-didnt-build-that-uncut-and-unedited/
“ Truly. We need to get something to the Supreme Court to test the basic principle that Judges are not in complete control of everything.”
Great plan. Ask a judge if judges should be in charge of everything.
Read your Bible - the time of judges is ending. We need a king.
Florida user access to Facebook & Twitter et al. occurs via public property, either via public airwaves or via public way franchise easement.
“What’s he going to do?”
As was said before, “He made his ruling, now let’s see him enforce it.”
DeSantis should forbid anyone from California state government from visiting his state- turn the tide on California (they are forbidding their gov peeps from visiting states like florida)
The idiot leaves out (1) Big Tech became Big Tech when it was granted by special legislation of 230 protections so that 1st Amendment rights could be exercised without fear of liability, and (2) there is no exchange of ideas if you deplatform those that are in opposition to yours. This is an easy win and Justice Thomas is already leaning that way.
Desantis needs to call a press conference and announce the Federal courts have no say so in this matter and legal proceedings against tech companies will continue in the state of Florida unabated.
“Justice Thomas is already leaning that way.”
Justice Thomas invited a case that would allow the question to be addressed, and laid out the relevant precedents; it’s a leap to predicting how he’d rule
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