Miami (AFP)
A federal judge blocked in extremis a law passed by the state of Florida to prevent social networks from suspending content posted by political candidates, saying the measure was "totally in contradiction with the accepted constitutional principles" of freedom expression.
In a decision released Wednesday evening, Judge Robert Hinkle believes that the law signed by Florida Governor Ron DeSantis, which was to come into force on Thursday, distorts the principle of protecting freedom of expression by imposing certain restrictions on moderation of content.
This text was adopted in reaction in particular to the eviction by Twitter and Facebook of former President Donald Trump, criticized by some as an attack on the conservatives.
But for the judge, the law offers only vague definitions of the platforms concerned and overturns the notion of protection of freedom of expression guaranteed by the First Amendment of the American Constitution.
"The First Amendment does not restrict the rights of private entities not exercising traditional public service functions (...)", writes the judge in his 31-page decision.
The law "aimed to curb social network providers deemed too important and too liberal," he said.
But "balancing the exchange of ideas between private actors is not in the government's interest".
Law SB 7072, which was to come into force on July 1, notably provided for fines of up to $ 250,000 per day for platforms blocking a candidate for a position at the state level.
The legislation also allowed Floridians who felt they were "unfairly treated" by tech companies to sue them for financial compensation.
For Matt Schruers of the lobby of the tech giants CCIA, who had asked for the rejection of this law, this decision is "encouraging".
The law passed by Florida was "extraordinary overbreadth, designed to penalize private companies for what was seen as disrespecting the political ideology of the government," he said.
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