USCA11 Case: 21-12355
21-12355
Date Filed: 05/23/2022
Opinion of the Court
Page: 7 of 67
7
Accordingly, a social-media platform serves as an intermediary between users who have chosen to partake of the service the
platform provides and thereby participate in the community it has
created. In that way, the platform creates a virtual space in which
every user—private individuals, politicians, news organizations,
corporations, and advocacy groups—can be both speaker and listener. In playing this role, the platforms invest significant time and
resources into editing and organizing—the best word, we think, is
curating—users’ posts into collections of content that they then disseminate to others. By engaging in this content moderation, the
platforms develop particular market niches, foster different sorts of
online communities, and promote various values and viewpoints.
B
The State of Florida enacted S.B. 7072—in the words of the
Act’s sponsor, as quoted in Governor DeSantis’s signing statement—to combat the “biased silencing” of “our freedom of speech
as conservatives . . . by the ‘big tech’ oligarchs in Silicon Valley.”
News Release: Governor Ron DeSantis Signs Bill to Stop the Censorship of Floridians by Big Tech (May 24, 2021). 1 The bill, the
Governor explained, was passed to take “action to ensure that ‘We
the People’—real Floridians across the Sunshine State—are guaranteed protection against the Silicon Valley elites” and to check the
“Big Tech censors” that “discriminate in favor of the dominant
1
See https://www.flgov.com/2021/05/24/governor-ron-desantis-signs-bill-
to-stop-the-censorship-of-floridians-by-big-tech.
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