Florida’s Social Media Law Set for Court Challenge in 2026

A legal challenge to the constitutionality of a controversial Florida law regulating social media platforms is scheduled for trial in January 2026.

U.S. District Judge Robert Hinkle recently rescheduled the trial to January 5, 2026, postponing the original date of November 2025. The case, brought by tech industry groups NetChoice and the Computer & Communications Industry Association, targets a 2021 Florida law imposing restrictions on social media companies’ operations.

The law, championed by Governor Ron DeSantis and the Republican-led Legislature, prohibits platforms from banning political candidates and requires them to publish and enforce consistent standards for user bans and content moderation. It was passed in response to social media bans of Donald Trump following the January 6, 2021, Capitol riot.

Judge Hinkle initially blocked the law in 2021, citing First Amendment concerns. The 11th U.S. Circuit Court of Appeals largely upheld this decision in 2022. However, in July 2023, the Supreme Court vacated the appeals court’s ruling and sent the case back to Judge Hinkle for further review.

While the Supreme Court did not address the constitutional issues, it directed lower courts to reassess the law with a focus on the “facial nature” of the challenges.

This closely watched case could have far-reaching implications for the future of online speech and the authority of social media companies to moderate content on their platforms.