11th Circuit Rebukes Bulk of DeSantis' Florida Social Media Law

11th Circuit Rebukes Bulk of DeSantis' Florida Social Media Law

ATLANTA — The 11th Circuit Court of Appeals issued a ruling today blocking the major provisions of Gov. Ron DeSantis’ controversial Florida’s social media law, which would have held social media platforms liable for moderation policies in the name of political, but not sexual, "free speech."

The court decided that it is “unconstitutional for Florida to bar social media companies from banning politicians, in a major victory for tech companies currently fighting another appeals court ruling that allowed a similar law in Texas to take effect,” the Washington Post reported.

The 11th Circuit’s opinion unequivocally established that platform moderation decisions are protected by the First Amendment.

The 67-page opinion also “harshly criticized arguments that social media platforms should be considered ‘common carriers’ subject to government regulation.”

The judges, however, also ruled that “some provisions could stand, including that people banned from the platforms should be able to access their data for 60 days and disclosure provisions, such as clear content standards,” the Post reported.

“We conclude that social media platforms’ content-moderation activities — permitting, removing, prioritizing and deprioritizing users and posts — constitute ‘speech’ within the meaning of the First Amendment,” the judges noted.

The 11th Circuit’s decision contrasts with the recent decision by the 5th Circuit upholding a similar Texas law. Both laws and the disparate decisions by the appeals courts will now be considered by the Supreme Court.

As XBIZ reported, the unusual 5th Circuit decision was communicated earlier this month without any explanation as to the court’s reasoning and with two of the judges remaining anonymous.

Main Image: Florida Governor Ron DeSantis (R) signing the so-called "Free Speech" law on May 24, 2021

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

SpankChain Pauses SpankPay, SpankMatch

SpankChain has paused SpankPay, its adult crypto payment platform, and SpankMatch, its adult networking platform.

Sen. Mike Lee Tries Again to Criminalize All Porn With Interstate Obscenity Definition Act

Republican Senator Mike Lee of Utah has introduced the Interstate Obscenity Definition Act, which would redefine almost all visual depictions of sex as obscene and therefore illegal.

Ofcom Investigates 2 Adult Sites for AV Noncompliance

U.K. media regulator Ofcom is investigating two adult sites for failure to comply with age assurance requirements under the Online Safety Act, which Ofcom is charged with enforcing.

MojoHost to Launch New GPU Servers

MojoHost has announced plans to launch new GPU servers for its clients.

Maximilian Peldszus Joins Fanblast

Former BestFans CEO Maximilian Peldszus has joined creator software company Fanblast.

Kiiroo Joins Pineapple Support as Supporter-Level Sponsor

Kiiroo has joined the ranks of over 60 adult businesses and organizations committing funds and resources to Pineapple Support.

Sex Work CEO Debuts Upgraded 'GPTease' AI Assistant

Sex Work CEO has introduced the Power Tier upgrade to its AI-powered, NSFW text generator, GPTease.

Abella Danger to Host 2025 XMA Creator Awards

the 2025 XMA Creator Awards, presented by premier creator platform Fansly.

Joi AI Joins Pineapple Support as Partner-Level Sponsor

Joi AI (formerly Eva AI) has joined the ranks of over 60 adult businesses and organizations committing funds and resources to Pineapple Support.

German Court Upholds Ban on PornHub, YouPorn

Germany’s Berlin Administrative Court has upheld a “network ban” on adult sites Pornhub and YouPorn for failing to comply with that country’s age verification regulations.

Show More