Florida Statutes 112.23 - Prohibition on government-directed content moderation (added by SB 262 alongside the FDBR). PROVISIONS: (1) PROHIBITION on Florida state + local government entities + officers + employees from: (a) DIRECTING + REQUESTING social media platforms or other online platforms to MODERATE specific content or accounts; (b) ENTERING INTO AGREEMENTS with platforms providing for moderation; (c) DIRECTLY OR INDIRECTLY communicating moderation requests outside of statutory notice channels. (2) EXCEPTIONS: (a) law enforcement responding to imminent threats to life or property; (b) emergency communications; (c) statutorily authorised public health communications; (d) intellectual-property enforcement notices; (e) statutory criminal-investigation requests under valid legal process. (3) ENFORCEMENT: violations may be enjoined by court + civil penalties + private right of action for consumers harmed by moderation following prohibited government communication. CONTEXT: inspired by the 2022-2023 Twitter Files revelations + Murthy v. Missouri Supreme Court case (decided 2024 against First Amendment plaintiffs on standing grounds + not on the merits). The Florida 112.23 prohibition is broader than the federal jurisprudence allows + may face First Amendment + Supremacy Clause challenges. COORDINATION: similar laws have been enacted in Texas + Tennessee + other states + are subject to ongoing federal-court litigation.
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