The Eleventh Circuit’s Acceptance of a Consumer Protection Approach to Social Media Regulation

The Florida and Texas social media laws passed in 2021 were widely seen by both their proponents and their detractors as attempts by conservative forces to discipline social media companies for deplatforming President Trump and refusing to distribute the New York Post’s Hunter Biden story that criticized then-presidential candidate Joe Biden on the eve of the November 2020 election. More generally the bills responded to conservative complaints of unfair treatment on social media platforms. 

Both bills called for restrictions on the ability of platforms to engage in unfettered content moderation—the Texas bill banned viewpoint discrimination and the Florida bill required platforms to carry political candidates and journalistic enterprises. Both bills imposed various transparency measures such as

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