Florida SB 7072
Florida Senate Bill 7072 was among the first state laws attempting to regulate how social media platforms moderate content, with specific protections for political candidates and journalistic enterprises.
Major Provisions
The law attempted to:
- Prohibit platforms from deplatforming political candidates
- Impose fines up to 25,000 per day for other candidates
- Require detailed explanations for content moderation actions
- Protect “journalistic enterprises” from certain moderation
- Mandate transparency in content moderation standards
Court Challenges
- District Court: Blocked most provisions as violating First Amendment
- 11th Circuit: Largely upheld injunction, finding law unconstitutional
- Circuit Split: Conflicted with 5th Circuit ruling on Texas HB 20
- Supreme Court: In Moody v. NetChoice (July 2024), the Court vacated and remanded, holding that the lower courts had not adequately analyzed the laws’ full range of applications under the First Amendment
Constitutional Issues
The law raises questions about:
- Platform First Amendment rights versus state regulation
- Content-based speech regulations
- Compelled speech through hosting requirements
- State versus federal authority over interstate commerce
Political Context
- Response to deplatforming of political figures
- Part of broader state efforts to regulate tech platforms
- Reflects debates over platform power and content moderation
- Tests limits of state authority over online speech