Posted on 07/01/2021 10:50:52 AM PDT by Enlightened1
A federal judge has blocked a Florida law which sought to prevent social media firms from taking down content from political candidates, saying the measure was "wholly at odds with accepted constitutional principles" of free speech.
Judge Robert Hinkle, in a ruling late Wednesday, said the law passed by the Florida legislature and signed by Governor Ron DeSantis distorted the idea of free-speech protections by placing restrictions on certain social media platforms for moderating content.
The measure was approved by the state in response to the "de-platforming" of former president Donald Trump and others by large social media firms which critics claim were biased against conservatives and were "censoring" content.
But the judge said the law offered only vague definitions of platforms affected and turned upside-down the notion of First Amendment speech protection in the constitution.
"The state has asserted it is on the side of the First Amendment... It is perhaps a nice sound bite. But the assertion is wholly at odds with accepted constitutional principles," the judge said in a 31-page opinion backing an injunction against the law.
"The First Amendment does not restrict the rights of private entities not performing traditional, exclusive public functions."
The judge added that the legislation "was an effort to rein in social-media providers deemed too large and too liberal. Balancing the exchange of ideas among private speakers is not a legitimate governmental interest."
The law would impose fines of $250,000 a day if social media firms remove an account of a statewide political candidate.
It also allows Floridians to sue technology firms if they face "unfair" treatment.
Matt Schruers of the Computer & Communications Industry Association, a tech industry trade group which joined the lawsuit, welcomed the ruling.
(Excerpt) Read more at news.yahoo.com ...
How long until our phone companies censor you and say you have no access because they do not like what you say?
Social media is the modern day telephone.
Besides and legally speaking social media companies like like Facebook and Twitter claim they are "public platforms" so they are not liable for the content posted on their websites. However, at the same time they want to behave like an Editor by censoring that does have liability.
When they censor they are breaking their own federal agreement to not censor anyone.
Tell the judge to stick it in his ear. States rights. It is Big Tech doing the censoring, not the state.
Clintoon Clown appointee.
Hinkle, Robert Lewis
Born 1951 in Apalachicola, FL
Federal Judicial Service:
Judge, U.S. District Court for the Northern District of Florida
Nominated by William J. Clinton on June 6, 1996, to a seat vacated by William H. Stafford, Jr. Confirmed by the Senate on July 25, 1996, and received commission on August 1, 1996. Served as chief judge, 2004-2009. Assumed senior status on November 7, 2016.
Education:
Florida State University, B.A., 1972
Harvard Law School, J.D., 1976
Professional Career:
Law clerk, Hon. Irving Goldberg, U.S. Court of Appeals for the Fifth Circuit, 1976-1977
Private practice, Atlanta, Georgia, 1977-1978
Private practice, Tallahassee, Florida, 1978-1996
Adjunct professor of law, Florida State University, 1981
Member, Judicial Conference of the United States, 2006-2007
Unless you’re gay - then the government can involve itself in first amendment rights.
Federal judge who has no authority over the State issues.
This is why several States made 10th Amendment statements lately. They know this is coming.
RE: Clintoon Clown appointee.
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Thanks for the tip.
Some (maybe two or three) wouldn’t have guessed.
Like the ones who blocked Trump from vetting terrorist nation immigrants, or using money to build the wall to secure borders as part of his duties, there are Obummer and Clintoon judges all over the place.
Judges take bribes.
Big tech has billions of dollars to spend.
It would be very hard for both parties to resist the temptation to “meet up”....
Is Free Republic social media?
Would the struck down Florida law apply to Free Republic?
Huh, so the "equal time" provision, that was used to block Trump's Independence Day event, is invalid, too?
Judge Tinkle needs affectionate doxing...
Judges take bribes.....
No argument.
Like Richard Pryor in the Superman sequel, watch for the low paid backwater judge who tomorrow morning drives to work in a $250,000 sports car.
Doncha know ? We’re a blog.
=ducking=
Yes, I know.
I try to write 300 - 600 words each day
That’s the spirit. ;-D
Judges with a hard on under a black robe.
“”wholly at odds with accepted constitutional principles” of free speech”
Typical Leftist judge talking out of both sides of his mouth. What the social media companies are doing is censoring free speech and what the law did was try to prevent that. So, according to this leftist in a robe, citizens do not have the right of free speech but companies do. So typical of a Clinton appointee.
They're also guilty of illegal campaign contributions-in-kind and need to be charged accordingly. The Democrats need to pay back every penny of the illegal campaign contributions-in-kind.
Re-enact it.
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