| A new Florida law regulating social media companies is setting the stage for a legal battle. Florida Gov. Ron DeSantis (R) signed a bill Monday aiming to punish social media companies for their moderation decisions. The law would fine Internet companies if they suspend political candidates in the run-up to elections. It also would also make it easier for the Florida state attorney general and individuals to bring lawsuits when they think tech companies have acted unfairly. (You can read more about the Florida law in my Monday article).  Gov. Ron DeSantis gives his opening remarks flanked by local state delegation members prior to signing legislation that seeks to punish social media platforms. (Carl Juste/Miami Herald via AP) | Yet legal experts and tech industry trade groups immediately raised concerns about the constitutionality of the law. Legal experts say they expect to see lawsuits challenging the measure. Eric Goldman, a professor at Santa Clara University Law School in California, described the bill as bad policy and warned that some of its provisions are "obviously unconstitutional" because they restrict the editorial discretion of online publishers. He said some aspects of the law also would be preempted by a federal Internet law known as Section 230 that shields Internet companies from lawsuits over posts, photos and other content shared on their services. "I see this bill as purely performative; it was never designed to be law but simply to send a message to voters," Goldman said in an interview. Goldman and tech companies also warned that it gives the government too much power over online speech. Trade groups representing tech companies came out swinging against it, arguing that it would make it harder for tech companies to remove potentially harmful speech. "If this law could somehow be enforced, it would allow lawful but awful user posts including pornography, violence and hate speech that will make it harder for families to safely navigate online," said Carl Szabo, vice president and general counsel at NetChoice, a trade association whose members include Facebook, Google and Twitter. The law highlights how Republicans are bringing their fight against Big Tech to state legislatures. The Florida legislation, which takes effect July 1, underscores how Republicans are increasingly targeting tech giants in state legislatures, while their ability to take action at the federal level is limited as Democrats control Washington. The Biden administration recently revoked a Trump-era executive order calling on the Federal Communications Commission to rethink the scope of Section 230 and when its liability protections apply. The Texas Senate has approved legislation similar to Florida's that would prevent large tech companies from blocking or discriminating against users based on their viewpoints or location within Texas. Republican Gov. Greg Abbott has expressed support for that bill. North Carolina and Louisiana state lawmakers have introduced similar measures. "It's open season on the Internet at the state level," Goldman said. DeSantis, a potential 2024 Republican presidential contender, pushed for the legislation's passage amid conservatives' complaints that tech companies censor them — charges the companies vehemently deny. Facebook, Twitter and YouTube's decisions to suspend former president Donald Trump's account in the aftermath of the Jan. 6 Capitol riot have only heightened the stakes. "Today, Floridians are being guaranteed protection against the Silicon Valley power grab on speech, thought, and content," DeSantis said in a tweet. "We the people are standing up to tech totalitarianism with the signing of Florida's Big Tech Bill." The Florida law comes as Congress is weighing how to regulate social media. Lawmakers from both parties have introduced bills taking aim at Section 230, but there's been very little bipartisan agreement about how it should be changed. Democrats largely think the tech companies aren't doing enough to police the spread of viral falsehoods, hate speech and content inciting violence, while Republicans argue the companies have gone too far. Kurt Opsahl, the deputy executive director and general counsel for the Electronic Frontier Foundation, said the debate over the control of the Internet is critical. But the Florida law fails to address the key problems. "There's a lot to be done with providing more information and transparency," he said in an interview. "It doesn't end up being very helpful to pass an unconstitutional bill that is going to be challenged immediately and likely to never go into effect." | 
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