At Above the Law, Joe Patrice explains why Florida’s new law forbidding private entities, particularly “social” media such as Google and Facebook, from banning political candidates and “journalistic enterprises” from their platforms in empty kabuki theater, and like pricey theater at that. Here’s a bit of his post (emphasis added):
Is there anything constitutional about this law? Nope! But since conservatives have achieved stunning success in convincing people that Twitter bans are a First Amendment issue — they are not — it was only a matter of time until a state passed legislation like this to capitalize on the Free Speech fantasy they’ve spun for months.
Because while private entities like Twitter and Facebook banning users is entirely constitutional, forcing those private actors to broadcast particular users over their platforms is absolutely not constitutional. And yet here we are in up-is-now-down-land.
Follow the link for the rest.