I saw this recently on IAJGS – (US-FL) New Law on DNA Testing of Someone Else’s DNA Blocked by Federal Judge (IAJGS Public Records Access Alert): https://www.wsj.com/articles/judge-blocks-florida-law-barring-twitter-facebook-bans-of-candidates-11625106851. Much longer article. but here are some of the relevant portions.
The IAJGS Records Access Alert posted on June 30, 2021 about Governor DeSantis signing HB 833 in May, which prohibited DNA analysis and disclosure of DNA analysis results without express consent including the collection or retention of DNA samples of another person without express consent for specific purposes.
On June 30, a U.S. federal judge granted an injunction against the law just hours before it was to take effect. In his opinion he said, he said the statute’s restrictions on content removal and its liability provisions likely violate the First Amendment and conflict with federal law.” The law prohibits social-media sites from banning any candidate running for public office in Florida, subjecting violators to fines of as much as $250,000 a day. It also restricts sites from censoring “journalistic enterprises” based on their content and gives Florida residents the ability to bring lawsuits and recover statutory and punitive damages against companies that fail to apply their content standards consistently.
Governor DeSantis said the state would appeal the ruling to the 11th U.S. Circuit Court of Appeals.
The judge said “the bill restricted speech by dictating to social-media companies who can use their sites and what content they can post. Citing legislators’ public comments, the judge said lawmakers appeared to be motivated by a desire to protect conservative voices from internet censorship. He said such speech restrictions on companies based on their perceived viewpoint required Florida to show that there was a powerful public need for the law and that enacting anything more limited wouldn’t do.”
Another part of the law was not halted-that part allows state authorities to bar a social-media company from state-government contracts if it is accused of an antitrust violation.
In an unusual carve-out, the law exempts companies that own and operate a theme park.
Jan Meisels Allen
Chairperson, IAJGS Public Records Access Monitoring Committee
Previous DNA Saturdays posts: https://upsdownsfamilyhistory.wordpress.com/tag/DNA-Saturdays/