Legal Updates

SOCIAL MEDIA LAW Florida has filed a petition with the U.S. Supreme Court to review legislation passed and signed into law that punishes social media companies who have been determined to restrict content and commentary. A U.S. District Court Judge issued a preliminary injunction blocking the measure. The Circuit Court of Appeals upheld much of the injunction, but allowed some portions to become law. Attorneys for industry groups have asked the Court to reject the law.

FLORIDA CONGRESSIONAL DISTRICT MAP A three panel federal appeals court has ruled that the plaintiffs challenging the constitutionality of a congressional district map passed by the Legislature and signed by the Governor have standing to sue. Plaintiffs assert that the map significantly diminishes Black voting power. However, the panel removed the Governor as a defendant, as he does not play a direct role in enforcing the map.

GUN LICENSES FOR MEDICAL MARIJUANA USERS U.S. District Judge Allen Winsor dismissed a lawsuit filed by Florida Agriculture Commissioner Nikki Fried and other plaintiffs challenging federal prohibitions on medical marijuana patients buying and possessing guns. The dispute was rooted in a conflict between federal and state laws. The judge cited the U.S. Constitution’s supremacy clause in saying that marijuana remains illegal, despite the Florida constitutional amendment.

SEMINOLE GAMING COMPACT Opponents of the gaming compact with the Seminole Tribe of Florida, which expanded the gaming market for the Tribe, have filed a federal brief urging the District of Columbia Circuit not to revive the agreement. They argue it violates the state constitutional amendment requiring voter approval for any expansion of gaming.

ABORTION Plaintiffs filed a case questioning the constitutionality of the recently passed ban on abortion after 15 weeks of pregnancy. The trial court issued an injunction against the law in early July after concluding that the ban likely violated the state constitution. However, that injunction was automatically stayed when the state appealed the case to the District Court of Appeal. The case is now before the Florida Supreme Court.