A federal judge on Thursday rejected Florida’s attempt to dismiss a lawsuit challenging a 2021 state law that restricts how social media companies moderate content. U.S. District Judge Robert Hinkle ruled that the suit, filed by tech groups NetChoice and the Computer & Communications Industry Association (CCIA) arguing the law violates First Amendment rights, can move forward.
The law in question would prevent platforms from banning political candidates and require them to publish and consistently apply their content moderation standards. It targets large social media companies with significant revenue or user bases.
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Judge Hinkle, in his 43-page decision, found that the tech associations have standing to bring the lawsuit on behalf of their members, which include companies like Google and Meta. He stated that forcing platforms to publish content against their will or preventing them from commenting on posts raises clear First Amendment concerns.
The judge also agreed that the groups can pursue claims that the law is unconstitutionally vague, citing a provision about “post-prioritization” for content “by or about” political candidates without defining “about.”
“The defendants (state officials) have not attempted to explain what these provisions really mean or how they would be applied,” Hinkle wrote.
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The law was passed after major platforms banned President Donald Trump following the January 6th Capitol riot. Judge Hinkle had initially blocked the law in 2021, a decision mostly upheld on appeal before the Supreme Court vacated it and sent it back to lower courts for further review.
In his ruling, Hinkle noted that state attorneys acknowledged during a recent hearing that “there are First Amendment problems with some of the provisions” in the law, yet the state has not amended it. The case will now continue in the district court.
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