Why are Ron DeSantis and the Florida legislature pushing changes to libel laws? fabiobertoni2 explores how two new bills could drastically restrict the protections provided by the actual-malice standard.
This past Monday, Florida’s Republican state senator Jason Brodeur filed a piece of legislation called “An act relating to defamation and related actions.” This filing followed the introduction two weeks ago, in the state’s House of Representatives, of legislation similarly called “An act relating to defamation, false light, and unauthorized publication of name or likenesses.
The actual-malice standard is what the Court held to be the fundamental protection that the First Amendment of the Constitution provides to publishers who are accused of defaming government officials . A plaintiff has to show that a publisher either knew what it published was false or acted with reckless disregard for falsity—i.e., that the publisher knew it wasfalse.
The impulse to shut down, limit, or punish speech directly contradicts what some Republican politicians say they want from Internet platforms, which they maintain unfairly limit or block conservative speech. On the Internet, or at least on Facebook and Twitter, conservatives claim to want more speech, and for platforms to regulate it less.
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