Economist Files Brief in Support of Florida, Texas Laws That Protect Free Speech on Social Media

Posted by James Bopp, Jr. | Jan 24, 2024 | 0 Comments

January 24, 2024
Contact: James Bopp, Jr.
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Economist Files Brief in Support of Florida, Texas Laws That Protect Free Speech on Social Media

Terre Haute, Indiana – On Tuesday, Professor Eric Rasmusen, formerly of Indiana University, filed an amicus brief with the U.S. Supreme Court in support of Florida and Texas anti-censorship laws which protect First Amendment free speech from censorship by social media companies.

Both Florida and Texas have passed anti-censorship laws to prevent large social media companies from violating the free speech rights of Americans. The federal Eleventh Circuit Court of Appeals blocked Florida's law, while the Fifth Circuit Court of Appeals allowed Texas's law to go into effect. Now, the Supreme Court will have to decide whether to allow states to defend free speech online.

Rasmusen argues that social media companies are natural monopolies that need government regulation to protect free speech. This is consistent with the First Amendment, and necessary to protect free speech. The Biden Administration, however, has been colluding with social media companies to censor views it doesn't like. U.S. federal district court judge, Terry Doughty, wrote in his opinion about Biden Administration collusion with social media companies: "[The] United States Government seems to have assumed a role similar to an Orwellian ‘Ministry of Truth.'"

“[The Florida and Texas laws] would make it more difficult for the government to pressure a social media corporation, because it would prevent the corporation from censoring on the basis of viewpoint, as the government desires.  Moreover, if the FBI said, ‘Do it anyway,' the media platform could point out that with a requirement that their moderation algorithm be public, any such viewpoint discrimination would be clearly detectable: ‘Our hands are tied!'” Rasmusen wrote. 

“Online censorship by monopolistic social media companies is a serious threat to the First Amendment free speech rights of all Americans,” stated James Bopp, Jr., lead counsel for Professor Rasmusen. “Decades of First Amendment cases support the right of Florida and Texas to protect the First Amendment with anti-censorship laws."

Read amicus brief here.

About the Author

James Bopp, Jr.

Practice Areas: First Amendment Law, Campaign-Finance Law, Constitutional Law, Election Law, Civil Litigation, Appellate Practice, and United States Supreme Court Practice.


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