The two cases are the first of several controversies appearing before the high court in the coming months about free speech protections online.
A federal appeals court unanimously found Florida Gov. Ron DeSantis’ social media censorship law unconstitutional in May 2022, and upheld a preliminary injunction barring enforcement of the law.
First Amendment lawyer Lyrissa Lidsky weighs in on a recently upheld social media censorship law in Texas that would bar platforms with more than 50 million users from removing content with political viewpoints. A different circuit court in Florida filed a preliminary injunction against a similar law. Since both federal appeals courts disagreed, only the Supreme Court can decide if the platforms have a First Amendment right to censor, or if they don’t.
The three-judge panel for the United States Court of Appeals for the Ninth Circuit argued that annoyance and concern that the couple's posts were distracting others and interfering with others commenting wasn’t corroborated by the facts.
Join First Amendment Watch and Foundation for Individual Rights (FIRE) for a virtual taping of the So to Speak Podcast with Jacob Mchangama, author of “Free Speech: A History from Socrates to Social Media” in conversation with Greg Lukianoff, Professor Stephen D. Solomon, Sarah McLaughlin, and host Nico Perrino.
Disinformation is more pernicious and widespread today than at any other point in history, largely because of social media and the Internet. For instance, it is now widely known—and verified by the U.S. intelligence community—that Russians interfered with the 2016 presidential election.
A new survey released by the Freedom Forum entitled, “The First Amendment: Where America Stands,” reveals that while 94% of Americans value the First Amendment as vital, they are nonetheless divided on certain key issues. Many Americans appear reluctant to engage in speech that may be seen as controversial. According to the survey of 3,000 Americans in July and August 2020, more than four in 10 people say that, at least once, they haven’t expressed an opinion out of fear of being punished.
On May 24th, Florida Governor Ron DeSantis signed into law a bill that aims to curb alleged censorship by social media platforms. The new law, SB 7072, levies financial penalties on social media companies for deplatforming candidates for public office, and affords users the opportunity to sue for alleged censorship.