Protect The 1st Foundation
  • About
    • Leadership
  • Issues
  • Scorecards
  • News
  • Take Action
    • PRESS Act
    • Save Oak Flat Act
  • DONATE
  • About
    • Leadership
  • Issues
  • Scorecards
  • News
  • Take Action
    • PRESS Act
    • Save Oak Flat Act
  • DONATE
Picture

Florida Blogging Law Would Trash First Amendment

3/6/2023

 
Picture
​If Florida state Sen. Jason Brodeur gets his way, paid bloggers who cover that state’s governor, lieutenant governor, cabinet, or legislature must register with the state, much as lobbyists do, or face fines that can reach $2,500.
 
“Paid bloggers are lobbyists who write instead of talk,” Brodeur is quoted in floridapolitics.com. “They both are professional electioneers. If lobbyists must register and report, why shouldn’t paid bloggers?”
 
Brodeur’s point seems to be that if the enumerated First Amendment rights of lobbyists (the right to petition the government for a redress of grievances) can be regulated, why can’t we regulate the rights of bloggers (freedom of speech and the press)?
 
If this sounds reasonable on its face, it isn’t when you look at it closely.
 
In Florida, lobbyists are government relations professionals who are paid to visit legislators to present the views of their corporate, union, NGO, or other special-interest employers. The U.S. Supreme Court has held that government can require such lobbyists to register. Other Floridians can write, petition, or go to their legislator’s office, without any registration or restrictions. That’s called democracy.
 
The same freedom applies to bloggers. They don’t show up at the Capitol on a daily basis. They may be paid or unpaid. They may work for the common good or spread disinformation. They may shed light or start fires. They can disrespect, criticize, ridicule, and skewer state officers – including Sen. Jason Brodeur – because, you see, the First Amendment says that Congress shall make no law “abridging the freedom of speech, or of the press.” And more than two centuries of American law makes it clear these principles apply to government at all levels, from Tallahassee, Florida; to Laredo, Texas; to Sacramento, California, where youth sporting groups have had to go to court to defend themselves against a law that degrades both their First and Second Amendment rights.
 
It is easy to see why some people – and politicians – get upset with commentary from the shadier precincts of social media, especially content subsidized by special interests with partisan, ideological, or personal axes to grind. There is no way to stamp this out; however, that doesn’t justify the far worse problem of censorship. The only solution is to marshal facts, be a good communicator, and be vocal in response.
 
Requiring millions of people who blog about state politicians to register or face fines would be an onerous burden on speech. It would subject political speech to regulation, an impulse far too close to practices in Venezuela, Russia, or China for comfort. And yet, there is increasing interest from the right and the left to find new ways to restrict speech.
 
The 11th Circuit Court of Appeals had to strike down Florida’s social media law that would have placed restrictions on how social media platforms can moderate content. “Put simply, with minor exceptions, the government can't tell a private person or entity what to say or how to say it,” said Judge Kevin Newsom, appointed by President Trump. A court had to hold up several provisions of a Florida law that would have attempted to fine-tune academic speech.
 
Many people agree when you complain that the media and the academy have become unfair or increasingly one-sided. But passing one poorly-crafted, unconstitutional messaging bill after another won’t change anything.
 
Should this bill become law, expect mass civil disobedience from bloggers, including from us. If Florida wants to reduce criticism in the blogosphere, we suggest refraining from proposing and passing unconstitutional laws. That would do more good than trying to regulate free speech. 

Comments are closed.

    Archives

    March 2023
    February 2023
    January 2023
    December 2022
    November 2022
    October 2022
    September 2022
    August 2022
    July 2022
    June 2022
    May 2022
    April 2022
    March 2022
    February 2022
    January 2022
    December 2021
    November 2021
    October 2021
    September 2021
    August 2021
    July 2021
    June 2021
    May 2021
    April 2021
    March 2021
    February 2021
    January 2021

    Categories

    All
    2022 Year In Review
    Amicus Briefs
    Analysis
    Campus Speech
    Court Hearings
    Donor Privacy
    First Amendment
    First Amendment Online
    Freedom Of Press
    Freedom Of Religion
    Freedom Of Speech
    In The Media
    Journalism
    Law Enforcement
    Legal
    Legislative Agenda
    Motions
    News
    Opinion
    PRESS Act
    PT1 Amicus Briefs
    Save Oak Flat
    School Choice
    SCOTUS
    Section 230
    Supreme Court

    RSS Feed

we  the  people.

LET  YOUR  VOICE  BE  HEARD:


ABOUT

Who We Are

​Leadership

ISSUES

1st Amendment

TAKE ACTION

Donate

​Contact Us
® Copyright 2023 Protect The 1st Foundation