Don’t dismiss tech groups’ challenge of a Florida social media law, NetChoice and the Computer & Communications Industry Association urged the U.S. District Court for Northern Florida this week (Case 4:21-cv-00220). The U.S. Supreme Court in July ruled the First Amendment protects social media platforms’ ability to moderate content, sending the tech industry’s suits against Florida and Texas laws back to the lower courts (see 2407010053). In November, CCIA and NetChoice submitted an amended complaint asking the district court to permanently enjoin Florida’s social media law (see 2411040033). However, Florida Attorney General Ashley Moody (R) responded by asking the court to dismiss the complaint “for lack of jurisdiction and failure to state a claim” (see 2411180038). NetChoice and CCIA responded Wednesday that SCOTUS eviscerated Florida’s argument that Facebook and other websites don’t engage in activity that the First Amendment protects when the platforms curate content. “With little left to say about the merits of Plaintiffs’ First Amendment claims, Florida offers a slew of new threshold objections, attacking everything from the way Plaintiffs organized their Amended Complaint to whether Plaintiffs have a cause of action to enjoin the enforcement of an unconstitutional statute. Florida’s arguments are meritless.”
Comcast’s launch of a TV advertising platform that will simplify purchasing ads from several programming networks will enable premium video to better compete with social media companies for ad dollars, said MVPD officials and programmers at a CES panel Wednesday. Companies looking to advertise on premium video channels haven’t historically had “an 'easy' button” for completing those transactions, while companies such as Meta have made such sales very simple, said Mark Marshall, NBCUniversal chairman-global advertising and partnerships. Comcast's new Universal Ads platform will enable companies that hadn’t been able to get ads on national network television to do so, Marshall added. “Joe’s Pizza in New Haven, Connecticut,” has “never had an option to be on Sunday Night Football, and now they can be." Companies such as Fox, NBCU and Warner Bros Discovery don’t compete “at a very granular level” for small and mid-sized business advertising, so banding together to achieve a more competitive scale with social media platforms makes sense, said Fox’s Jeff Collins, president-advertising sales, marketing and brand partnerships. By opening the field of potential advertisers, the new platform could also help address the issue of repeat ads on streaming platforms, said Ryan Gould, executive vice president, sales-streaming, digital and advanced advertising for Warner Bros Discovery.
Meta’s announcement Tuesday that it will scrap fact-checking on Facebook is a “good step in the right direction,” said FCC Commissioner Brendan Carr in a post on X. “I look forward to monitoring these developments and their implementation. The work continues until the censorship cartel is completely dismantled and destroyed.” Carr, President-elect Donald Trump's choice to head the FCC, wrote to Facebook questioning its use of fact-checkers (see 2412160052), and has previously named fact-checkers and social media companies as components of the "censorship cartel," a term that he has frequently used in interviews and social media posts. Other components of the cartel include President Joe Biden’s administration, advertising agencies and European governments, Carr has said. In a Facebook video Tuesday, Meta CEO Mark Zuckerberg announced that the company would shift to using crowdsourced fact-checking, similar to X. Carr credited Trump with causing the change at Meta. “President Trump’s resolute and strong support for the free speech rights of everyday Americans is already paying dividends,” he said. During a news conference Tuesday, Trump responded “probably” when asked if Meta’s shift was a response to his threats, which included calling for Zuckerberg to be imprisoned for life. “Meta is a private company that can decide how it manages its platform,” responded FCC Commissioner Anna Gomez in an X post Tuesday. “However, under the First Amendment, government threats to private companies over speech can have a chilling effect and are dangerous.” "As our database of false narratives continues to demonstrate, Meta has perennially been a home for Russian, Chinese, and Iranian disinformation," said Gordon Crovitz, co-CEO of fact-checking service NewsGuard, in an emailed statement. "Now, Meta apparently has decided to open the floodgates completely."Public interest groups condemned Meta’s changes. “Everyone should be concerned when major technology firms and their billionaire owners kowtow to a leader like Trump who is intent on undermining the checks and balances that are fundamental to a healthy democracy,” Free Press Senior Counsel Nora Benavidez said in a news release. Said Common Sense Media CEO James Steyer, “With this announcement, Mark Zuckerberg's playbook is as clear as day: Protect Meta's bottom line and cozy up to political leaders while leaving users to fend for themselves.” Ishan Mehta, Common Cause Media and Democracy program director, said, “Americans deserve to know the truth, and Meta’s move to end its third-party fact checking opens the door to endless political lies and disinformation.” Meta’s recent decision to move away from third-party fact-checking is a stark reminder of the growing challenges posed by misinformation online," NAB said in a blog post Tuesday touting the reliability of broadcast news. "While Big Tech platforms operate without any constraints, local stations are bound by regulations that haven’t kept pace with the marketplace," it added. "Policymakers must act to modernize these rules, leveling the playing field so local stations can continue providing the high-quality journalism communities depend on."
Attorneys for Maurine and Matthew Molak asked the 5th U.S. Circuit Court of Appeals to restart their challenge of a July order that lets schools and libraries use E-rate support for off-premises Wi-Fi hot spots and wireless internet services (see 2409230024). In September, the court dismissed the case, saying it lacked jurisdiction (see 2409260046). Petitioners “wish to inform the panel that, after nearly six months, they are still waiting on the FCC to rule on their July 2024 request that the agency reconsider its … ‘Hotspots Order,’ which subsidizes Wi-Fi hotspots anywhere students go,” said a Monday filing at the court: “It seems the FCC is content to ignore the petition for reconsideration, safe in the belief that as long as the petition remains pending the agency can both implement its unlawful policy and avoid judicial review.” The filing in docket 23-60641 also notified the court of the 6th Circuit’s recent decision vacating the FCC’s net neutrality order (see 2501020047) as it ponders a second case on school bus Wi-Fi. Judges heard oral argument in that case in November (see 2411040061). That decision “slams the door on the FCC’s contention in this case that the Declaratory Ruling expanding E-Rate subsidies for Wi-Fi on school buses is authorized” by the Communication Act section on the USF, the filing said. The Molaks brought both cases because they oppose unsupervised social media access on school buses. The Molaks' son David died by suicide after he was bullied online as a 16-year-old.
A New York bill would require schools to restrict students' use of wireless devices and access to social media platforms while on school property. State Sen. Brad Hoylman-Sigal (D) prefiled the bill this week for the next legislative session. The bill, SB-140, would require that schools employ "progressive consequences" if a student violates the rules. A similar bill was prefiled in Missouri (see 2412090043).
FCC Commissioner Brendan Carr’s Nov. 13 letters to tech companies (see 2411150032) about their relationship with news website rating service NewsGuard are inaccurate and repeat false information, NewsGuard co-CEOs Steven Brill and Gordon Crovitz said in a letter Friday to Carr, the agency's incoming chair. “We wish you had reached out to us before sending your letter because it relies on false reporting about us,” the co-CEOs wrote. Carr also relied on reporting from Newsmax, which has “misled” the commissioner in order to undermine the service’s credibility because it rates Newsmax poorly, NewsGuard's letter said. “An analogy would be a maker of unsafe cars objecting to its rating by Consumer Reports by making false claims about the magazine’s testing process,” NewsGuard said.
Bills governing social media and wireless providers' use of renewable energy were delivered to New York Gov. Kathy Hochul (D) Thursday. SB-895, which passed the Assembly in June, adopts stronger disclosure requirements for social media companies' terms of service. AB-4098, which New York's Senate approved in June, directs wireless carriers to report on their current and future plans to use renewable energy technology to power macrocells.
Government officials shouldn't secretly pressure private social media companies to silence speech, and greater transparency would help prevent such activity, Cato Institute Fellow David Inserra wrote Friday. He said Congress or the White House should require all government officials to record any oral or written request or suggestion to private actors to remove speech or deny services due to speech. OMB could collect those reports and make them publicly available, he said. That approach wouldn't punish government actors for communicating with or advising companies about potentially dangerous or false information, but it would limit unconstitutional censorship attempts, Inserra wrote.
The U.S. Court of Appeals for the D.C. Circuit ruled Friday that a federal law banning TikTok unless its Chinese government-controlled owners divest from it is constitutional. TikTok, parent company ByteDance and a group of TikTok users had challenged the Protecting Americans from Foreign Adversary Controlled Applications Act. The ban “does not suppress content or require a certain mix of content” but “narrowly addresses foreign adversary control of an important medium of communication in the United States,” Judge Douglas Ginsburg wrote in the majority opinion. Because the law doesn’t target content of speech on TikTok but instead the ability of China to covertly manipulate that content, it “is wholly consonant with the First Amendment,” Ginsburg wrote. The evidence and judgment of Congress and the White House that TikTok is a national security threat “is entitled to significant weight,” Ginsburg added. “In this case, a foreign government threatens to distort free speech on an important medium of communication,” and the law would end China’s control over that medium, Ginsburg said. “Understood in that way, the Act actually vindicates the values that undergird the First Amendment.” A ban of the social media platform is set to take effect Jan. 19. Unless TikTok executes a qualified divestiture by then or the White House grants it a 90-day extension before then, “its platform will effectively be unavailable in the United States, at least for a time,” said the order. President-elect Donald Trump, who opposes the TikTok ban after kicking off the effort during his first term, takes office Jan. 20. House Commerce Committee Chair Cathy McMorris Rodgers, R-Wash., and Communications Subcommittee Chairman Bob Latta, R-Ohio, praised the D.C. Circuit ruling as “a major win for the rule of law.” House Commerce unanimously advanced the TikTok divestiture measure in March (see 2403070063). “From the beginning, Congress gave TikTok a very clear choice: Divest from your parent company -- which is beholden to the Chinese Communist Party -- and remain operational in the U.S. or side with the CCP and face the consequence,” Rodgers and Latta said. “The United States will always stand up for our values and freedom, which is why the days of TikTok targeting, surveilling, and manipulating Americans are numbered.” FCC Commissioner Brendan Carr, an early vocal proponent of the ban effort, didn’t comment.
In her last address at the annual FCBA dinner Tuesday, outgoing FCC Chairwoman Jessica Rosenworcel zinged the Donald Trump administration, fellow commissioners and herself, among others. She's been asked since the November election whether she would try being funny at this year's dinner, Rosenworcel responded, "Why would I start now?" Speaking of her post-FCC activities, she quipped, "I have concepts of a plan." Rosenworcel told the "telecom prom" crowd of more than 1,300 she might become a social media influencer and that she just made a video showing herself unboxing 6 GHz devices. Having an "alternative facts" administration won’t be a big stretch for the FCC, she said, because “for years we called the 10th floor the 8th floor." She noted incoming Chairman Brendan Carr made countless media appearances to curry favor with the Trump administration, but, Rosenworcel said, “I think he’s going to regret the decision to buy a Cybertruck.” She added, "Say goodbye to fluoridated water, say hello to ivermectin for all." Rosenworcel continued, "Say goodbye to remote work, say hello to the new Chipotle" a block from FCC headquarters. She ended her remarks with thanks and kudos to the FCC staff.