USCA11 Case: 21-12355
10
Date Filed: 05/23/2022
Opinion of the Court
Page: 10 of 67
21-12355
Content-Moderation Restrictions
• Candidate deplatforming: A social-media platform “may
not willfully deplatform a candidate for office.” Fla. Stat.
§ 106.072(2). The term “deplatform” is defined to mean “the
action or practice by a social media platform to permanently
delete or ban a user or to temporarily delete or ban a user
from the social media platform for more than 14 days.” Id.
§ 501.2041(1)(c).
• Posts by or about candidates: “A social media platform may
not apply or use post-prioritization or shadow banning algorithms for content and material posted by or about . . . a candidate.” Id. § 501.2041(2)(h). “Post prioritization” refers to
the practice of arranging certain content in a more or less
prominent position in a user’s feed or search results. Id.
§ 501.2041(1)(e). 3 “Shadow banning” refers to any action to
“limit or eliminate the exposure of a user or content or material posted by a user to other users of [a] . . . platform.” Id.
§ 501.2041(1)(f).
• “Journalistic enterprises”: A social-media platform may not
“censor, deplatform, or shadow ban a journalistic enterprise
based on the content of its publication or broadcast.” Id.
§ 501.2041(2)(j). The term “journalistic enterprise” is defined broadly to include any entity doing business in Florida
3 For purposes of this appeal, the State does not defend the Act’s post-prioriti-
zation provisions.
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