Re:Florida bill to fine social media for banning politicians
by etchalon on Saturday May 01, 2021 @01:01AM
(#27003288)
You can absolutely refuse service, and this law has no relation to the protections in the Civil Rights Act as it does concern a protected class, and in fact empowers a privileged class (the government) over private enterprise.
Re:Florida bill to fine social media for banning politicians
by RcouF1uZ4gsC on Saturday May 01, 2021 @01:39AM
(#27003507)
"Protected class" was a creation of the legislature. The principle of Civil Rights Act is that Congress has the power to designate a group of people that businesses are not allowed to refuse service to.
So if we take that the legislature has that ability, then this law should be ok. If the legislature does not have that ability, then the Civil Rights Act would be in danger.
Re:Florida bill to fine social media for banning politicians
by etchalon on Saturday May 01, 2021 @01:53AM
(#27003603)
I look forward to someone arguing in court that politicians represent a uniquely oppressed minority for whom the state has a vested interest in protecting such that personal property rights are no longer relevant.
This is effectively saying you can't refuse service on social media platforms. It's similar to protections provided by the civil rights act.
I agree this will be litigated, but I think it'll be fine in the courts OR the civil rights act will be in jeopardy (and would go to the supreme court). I'm not 100% sure how the supreme court would rule on this either.