Clay Calvert, director of the Marion B. Brechner First Amendment Project and Brechner Eminent Scholar in Mass Communication at the University of Florida College of Journalism and Communications, is quoted in “Judges to Hear Arguments Over New Florida Law Cracking Down on Social Media Giants” posted on WTSP.com on April 28.

The story focuses on NetChoice v. Moody, which will be heard in front of the U.S. Court of Appeals for the Eleventh Circuit on April 28 to determine whether Florida can implement parts of a controversial new law that would prohibit social media companies from banning political candidates’ accounts.

According to Calvert, Florida’s and Texas’ appeals largely hinge on whether the government can legally compel private social media companies to publish content produced by political candidates.

“This raises an enormous question regarding the ability of the government to intrude into the editorial control and discretion of private social media platforms,” Calvert said. “The First Amendment protects not only an individual or businesses’ right to speak, but it also protects the right not to speak.”

In court filings, attorneys representing NetChoice said Section 230 affords social media companies the right to regulate hateful or otherwise offensive speech – a position Calvert said is supported by many First Amendment scholars.

“Social media sites like Twitter and Facebook do exercise editorial control and autonomy via their terms of service,” he said. “They are making editorial control judgments, and they don’t have to comply with the First Amendment because they’re private; the First Amendment protects us from government censorship.”

Posted: April 28, 2022
Category: College News, Marion B. Brechner First Amendment Project News
Tagged as: Clay Clavert, Marion B. Brechner First Amendment Project