Florida asks high court to uphold its law regulating Facebook and X
TALLAHASSEE — With the U.S. Supreme Court poised to hear arguments next month, Florida is disputing that a 2021 state law placing restrictions on large social media platforms such as Facebook or X violates First Amendment rights.
In a brief filed last week, attorneys for the state contended the platforms should be considered like telephone companies and said the First Amendment does not give them “constitutional license to selectively silence the speech of those they may host.”
The law would prevent large platforms from banning political candidates from their sites and require companies to publish and apply consistent standards on issues such as banning users or blocking their content.
“In hosting billions of speakers and petabytes of content, the platforms are engaged in business activity — conduct — that may be regulated in the public interest,” the state’s brief said. “The First Amendment does not afford those who host third-party speech a right to silence the hosted speakers or to treat them arbitrarily. The telephone company, internet service provider, and delivery company can all be prevented from squelching or discriminating against the speech they carry. And so can the platforms.”