Florida Attorney General Ashley Moody, a Republican, petitioned the Supreme Court on Wednesday to overturn a federal court decision that struck down large portions of the state’s law banning social media companies from de-platforming political candidates.
The petition is in response to a May decision by the U.S. Court of Appeals for the 11th Circuit that held it is unconstitutional for the state to block social media companies from banning politicians, a victory for Big Tech companies that sought to block the law from taking effect.
Moody wrote that the 11th Circuit ruling “strips States of their historic power to protect their citizens’ access to information, implicating questions of nationwide importance,” according to court filings.
SUPREME COURT LOOMS OVER CONFLICTING RULINGS ON SOCIAL MEDIA CONTENT REMOVAL
The attorney general also mentioned a recent U.S. Court of Appeals for the 5th Circuit ruling in favor of a similar law in Texas, which blocks companies from removing online posts based on a person’s political disposition.
Because the appeals court decisions conflict, Moody argues the high court should resolve the differences.
Numerous legal experts have argued the dueling lower court rulings on the way social media platforms govern content removal could prompt the Supreme Court to review whether the First Amendment shields online platforms’ editorial choices or if it prevents censorship of certain viewpoints.
Amanda Shanor, an assistant professor at the University of Pennsylvania Wharton School, said Wednesday she believes a high court decision on whether to hear oral arguments in the dispute is “definitely coming.”
“So I don’t think it’ll come this term. I think it’ll come next term,” Shanor said during the wide-ranging panel at the Federalist Society’s Faculty Division and Practice Groups annual high court preview event in Washington, D.C.
Both states are controlled by Republicans seeking to enforce similar laws that target social media companies over allegations that they are “censoring” conservative political beliefs with their actions, such as the banning of former President Donald Trump for violating policies against the incitement of violence during and prior to the Jan. 6 riot.
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Tech trade groups including NetChoice, which represents Twitter, Google, and Meta, have supported Florida’s appeal, although they don’t agree with the state’s law. Rather, they would like the high court to weigh on the constitutionality of Texas and Florida’s laws.
“We agree with Florida that the U.S. Supreme Court should hear this case, and we’re confident that First Amendment rights will be upheld,” NetChoice Vice President and General Counsel Carl Szabo wrote in a statement.
