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Florida’s proposed social media platform law: Is your company a social media platform?

On May 23, 2022, the Eleventh Circuit upheld an injunction on parts of Florida’s controversial social media “censorship” law, S.B. 7072, in NetChoice, LLC v. Att’y Gen., Fla. In a 67-page opinion, the three-judge panel held that large swaths of the law’s provisions were unconstitutional, finding that social media companies are private actors and government regulation of content-moderation policies “unconstitutionally burden[ed]” their First Amendment rights.