Florida bans tech companies from "deplatforming," exempts Disney

Posted | Contributed by Jeff

Tech companies could be fined as much as $250,000 per day if they deplatform a statewide political candidate in the state. Critics argue that the bill is likely to be struck down as unconstitutional. But at least one company won't have to worry about the legislation: Disney. A last-minute amendment to the bill provides that it doesn't apply to a "company that owns and operates a theme park or entertainment complex"—like Disney World.

Read more from Ars Technica.

eightdotthree's avatar

I considered sharing this because of the theme park exemption which is hilariously spineless.

So if we're keeping track of Republican logic... A business refusing to bake a cake for a gay couple; good. A business removing toxic users from their platform, not good.

Jeff's avatar

And remember, businesses are people when it comes to throwing money at PAC's, but they're not people when they protest legislation or are expected to pay taxes.

Jeff - Editor - CoasterBuzz.com - My Blog - Phrazy

Yeah, as they mention in the article, it's unlikely to survive a court challenges, since compelled speech is not free speech. "Deplatforming" is also protected by Section 230.

Brandon | Facebook

Jeff's avatar

230 doesn't even matter... that protects the service from liability for user-posted stuff. At the end of the day, these are privately owned services, not operated by government. They don't have to host anyone.

Jeff - Editor - CoasterBuzz.com - My Blog - Phrazy

Personally, I would love to see Facebook / Twitter / Google say "fine, we will no longer provide service to anyone based in *Location of Stupidity*. The hue and cry would be a sight to see.

Much like I would like to see Delta / Coke / Home Depot say "fine, we will move our headquarters to a place more tolerant/less ignorant.

#Wishful thinking

In addition to providing protection to the platform for hosted content, Section 230 also allows moderation of content:

The statute in Section 230(c)(2) further provides "Good Samaritan" protection from civil liability for operators of interactive computer services in the removal or moderation of third-party material they deem obscene or offensive, even of constitutionally protected speech, as long as it is done in good faith.

Brandon | Facebook

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