Judge Previews Free-Speech Query in Fla. Social Media Case

Florida should prepare to list “every decision by any court anywhere” saying that a private entity must comply “with the obligations the First Amendment places on a public actor,” said Judge Robert Hinkle at a teleconferenced scheduling hearing Thursday at U.S. District Court in Tallahassee (case 4:21-cv-00220). Florida is “on the side of free speech,” said Blaine Winship, representing Florida Attorney General Ashley Moody (R): Internet industry groups are “not.” Oral argument on the groups’ motion for preliminary injunction against Florida’s social media law (see 2106040045) will be videoconferenced June 28 at 1:30 p.m., ruled Hinkle despite defendants seeking more time. Hinkle plans to rule before the law takes effect July 1, he said. Florida must file a written response to plaintiffs’ motion by June 21, and industry groups may reply June 24, Hinkle said. While making their case for more time, Florida’s lawyers told the court the state promised not enforce the law before Aug. 1, or later go back and prosecute anything that happened in July. Hinkle asked why Florida needed more than a couple of weeks to put together a defense: “Didn't you put the facts together before you got to the statute?”