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 © 2026 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

UPDATED: European Commission Unveils AV App, Addresses Hacks

The European Commission’s age verification app is now technically ready and will soon be available for EU citizens to use in order to prove their age when accessing online platforms, European Commission President Ursula von der Leyen announced Tuesday.

Syren De Mer, Eddie Patrick Cap AEBN's Top Stars for 1st Quarter of 2026

AEBN has revealed its most popular performers in straight and gay theaters for the first quarter of 2026.

Tennessee Bill Would Require Warnings on Adult Stores

The Tennessee Senate has passed a bill requiring adult stores, theaters and other establishments in the state to post warning signs cautioning patrons that they “may be contributing” to sexual assault and human trafficking.

Report: Irish Regulator Seeks 'Industry Input' on AV Compliance

Irish media regulator Coimisiún na Meán (CnaM) will draw on “industry input” to help establish a framework for assessing platforms’ compliance with Ireland’s Online Safety Code and the EU’s Digital Services Act, news organization MLex reports.

'iDealgasmPlus' Launches Through PAYSITE

iDealgasmPlus.com has officially launched through PAYSITE.

Canadian Senate Approves National Age Verification Bill

Canada’s Senate on Wednesday passed bill S-209, the “Protecting Young Persons from Exposure to Pornography Act,” which would require commercial adult websites to verify that Canadian users are at least 18 years old.

Sara Jay Relaunches Site Through PAYSITE

Sara Jay has relaunched her membership site, WydeSyde, through PAYSITE.

UK House of Commons Moves to Tone Down Porn Amendments

The House of Commons has modified amendments to the U.K.’s pending Crime and Policing Bill, including provisions regulating “step” content, content featuring adults role-playing as minors, and performers’ ability to withdraw consent.

AEBN Reveals Ariel Demure as Top Trans Star for Q1 of 2026

AEBN has named its top trans stars for the first quarter of 2026, with Ariel Demure landing atop the leaderboard.

Final IRS 'No Tax on Tips' Rule Excludes Pornography

The Internal Revenue Service on Monday published final regulations on the “No Tax on Tips” provision included in the “One Big Beautiful Bill Act,” offering new tax deductions for tip workers but excluding revenue received for “pornographic activity.”

Show More