In the wake of the new contradictory laws from Texas and Florida, the freedom of speech online is the topic of debate. Read to know more.
Current US laws on freedom of speech
Senate Bill 072 and HB2020 are state laws similar to the extent of preventing and penalizing the takedown of political content and free speech by social media platforms. These laws go as far as allowing political candidates to sue platforms for removing or blocking their accounts. Social media platforms in the US currently enjoy protection from Section 230 of the Communications Decency Act. The 1996 law provides online platforms with immunity from the content posted by their users.
However, the new cases to be heard by the US Supreme Court in February may severely impact the moderation. In the first case, “Gonzalez v. Google,” relatives of an American man are suing the platform for life lost to pro-ISIS factions. The case is arguing YouTube’s algorithm recommending pro-ISIS recommendations. The second case, “Twitter vs. Taamneh,” will clarify if social media platforms can be sued legally for abetting and aiding acts of terrorism for hosting related content.
More on the happenings
However, as per the first amendment, congress cannot make a call restricting the freedom of speech and press. However, in recent years, there is a rise in courts citing the provision of protecting social media platforms from liability. The US Court of Appeals for the Eleventh Circuit and the US Court of Appeals for the Fifth Circuit has cited the first amendment while offering contradictory decisions in the content moderation laws. Florida is also seeking a reversal of decision against the Bill 7072. “We hold that it is substantially likely that social-media companies. Even the biggest ones—are ‘private actors’ whose rights the First Amendment protects,” stated the courts while striking Florida’s law.