Clarence Thomas could hand Florida this massive victory against Big Tech

Feb 29, 2024

The Supreme Court will have a chance to shut down Big Tech’s censorship.

One Florida law to stand up for freedom is getting its day in court.

And Clarence Thomas could hand Florida this massive victory against Big Tech.

Oral arguments have begun at the Supreme Court for the case Moody vs Netchoice involving a law signed by Florida Governor Ron DeSantis in 2021 to protect individuals from being censored by Big Tech.

Netchoice, a trade association for Big Tech companies like Google and Amazon, is squaring off with Republican Florida Attorney General Ashley Moody.

Florida’s law was blocked from going into effect after the state suffered a loss in a lower court. 

Landmark 2021 law to fight Big Tech censorship is at stake

DeSantis took action in response to the Conservative social media app Parler being removed from Apple and Google’s app stores.

Florida passed a law in 2021 regulating content moderation on Big Tech platforms in response to the growing online censorship against conservatives.

The law prohibited social media platforms from banning political candidates in Florida and imposed hefty fines on them for violations.

Big Tech companies faced fines of $250,000 per day for a candidate for statewide office and $25,000 per day for every other office.

Floridians were given the right to sue “Big Tech platforms” for damages if they were not given proper notice of policy changes and it gave them more rights to seek information if they were banned.

Florida’s Attorney General was empowered to take legal action against Big Tech companies that violated policies on censorship, banning, and transparency.

Ron DeSantis weighs in on censorship fight

“Florida passed protections three years ago, for individuals who’ve been deep platformed or censored based on the content or viewpoint of their political speech,” DeSantis said in a video posted to social media. “Texas passed a similar law. This has been making its way through the courts, we knew it was going to end up at the floor at the U.S. Supreme Court.”

Texas also has a law cracking down on Big Tech censorship before the Supreme Court after Netchoice filed a lawsuit.

“These tech companies, on the one hand, are private – and normally a private company can house whatever speech or viewpoints it wants. In this case, these companies get liability protection from the federal government, because they say that they’re not publishers, they’re not making editorial judgments about what speech is good and what speech is bad,” DeSantis added. “They’re just a platform.”

The Florida Governor referenced Section 230 Communications Decency Act, which gives social media platforms legal protections for what is said on their platforms because they do not make decisions on the content.

This Supreme Court fight will go a long way to determining what states can legally do to rein in Big Tech. 

DeSantis Daily will keep you up-to-date on any new developments in this ongoing story.

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