Florida Governor Signs One Bill Protecting Free Speech… And Another That Undermines It
from the i-guess-they-balance-out?!? dept
On Thursday, Governor Rick Scott of Florida signed 44 bills into law, but two of them are particularly interesting to us. The first we wrote about back in March, SB 604, is a very problematic bill that undermines some basic free speech rights. It’s the latest in a new push by Hollywood to undermine anonymity online as a backdoor attack on copyright infringement. Basically, it says that if you’re distributing any sort of audiovisual work, you need to reveal who you are.
The implications here are massive. There are lots of cases where someone may wish to post certain audiovisual works without having to post their full name, address, phone number and email address — as the law now requires. And the First Amendment has long protected the right to be anonymous. And yet, the Florida legislature and Governor Scott signed it without much serious concern about how it’s stripping away the First Amendment anonymity rights of their citizens.
Oddly, however, in that very same batch of signed bills… is another bill that protects free speech rights: SB 1312, which expands Florida’s (very, very weak) anti-SLAPP law. Like too many states, Florida’s anti-SLAPP law originally only protected people in cases where they were sued over speech concerning government actions. The new bill expands that to “public issues” which is similar to many other anti-SLAPP bills. Considering the number of crazy defamation threats and lawsuits that seem to come out of Florida, this bill could be very, very useful in protecting free speech.
Getting the anti-SLAPP bill is really important, but losing anonymity seems really dangerous. These aren’t just the sort of things that “balance out” either. Either you support the First Amendment or you don’t. I’m glad that Florida has a better anti-SLAPP bill, but Governor Scott shouldn’t have taken away basic First Amendment protections with the same stroke of his pen in signing the “true origin” bill at the same time.