Government can’t tell private media companies what to publish. Period. That’s plain as day.
Florida’s Ron DeSantis, America’s worst governor, thinks otherwise. He must have gotten his civics education in Belarus, which just forced down a commercial flight to kidnap one of its passengers, who happens to be a journalist that country’s dictator doesn’t like.
DeSantis just signed a legislative bill that “prohibits tech platforms from suspending or banning political candidates in the state, with possible fines of $250,000 per day if the de-platformed candidate is seeking statewide office and $25,000 per day if the candidate is running for a non-statewide office,” CNN reported on Monday, May 21, 2021. Whelp. Read story here.
One of his grievances is that Covid-19 lockdowns “ruined millions of people’s lives all around this country.” (Sez him; but even if that’s true, what business is it of his what happens in, say, New York or California?)
But I don’t recall anyone telling DeSantis, who throughout the pandemic loudly made known his disagreement with America’s leading medical experts, to shut up — although his wife should have. His kids should have. His dog (if he has one) should have, too.,
Some of the social media platforms eventually did refuse to propagate Covid misinformation (and also Trump’s election lies.) They even kicked Trump off their platforms for inciting insurrection. Which was their prerogative. Maybe DeSantis, who wants to run for president, is worried he’ll be next. Maybe he should be.
“Florida Gov. Ron DeSantis holds up the signed legislation that seeks to punish social media platforms that remove conservative ideas from their sites, inside Florida International University’s MARC building in Miami on Monday, May 24, 2021. (Carl Juste/Miami Herald via AP)”
Unconstitutional as heck.
It’s hard to imagine even Republican judges upholding this. Don’t bet money this will survive the inevitable court challenges, unless you hate money.
It would be frightening, indeed, if politicians could order people what to say. That’s exactly what this is.
Update (6/30/21): A federal judge issued a preliminary injunction against the law taking effect and indicated it will be struck down.
The question is really whether these media companies are utilities. The phone company, electric company and sewer company cannot cut off anyone’s service except for non payment, and even then only after they have leaped through hurdles including government hurdles. They enjoy certain legal protections so government ought to be able to regulate. Perhaps the media companies should admit they are acting like editors and enjoy consequences of being a publisher. Rather than trying to have things both ways. Also these companies are enjoying monopoly powers which at some point requires government to step in and regulate them. [This comment has been edited.]
They are not utilities. Facebook and Twitter aren’t comparable to a power or water company granted an exclusive franchise to distribute electricity or water (and, in exchange, its rates and service are regulated). Nor are they monopolies simply because numerous people choose them over their competitors; social media users have alternatives (which is usually not true of regulated utilities, which is why they’re regulated). For what it’s worth, this blog is a publisher, has an editor, and moderates reader comments. That doesn’t make it a monopolistic utility, nor does it justify government regulation of its content.