Like Donald Trump, Ron DeSantis had little tolerance for criticism. Unlike Trump, he was determined to do something about it. And so, with his re-election assured, he persuaded the Florida Legislature to pass a bill creating a cause of action on behalf of specified state officials (local officials, some of whom are Democrats, were not included) for “unfair criticism” on the internet. The burden of proof on “unfair criticism,” a vaguely defined term, was placed on the defendants.
Criticism of the governor on the web immediately ceased, to the delight of the Hungarian Candidate’s base. When the inevitable First Amendment challenge came, the District Court enjoined enforcement of the new law in a blistering opinion, all but calling DeSantis a fascist. The Eleventh Circuit was split on predictably ideological lines, however, and the case went to the Supreme Court, where Thomas and Alito were itching to overturn New York Times v. Sullivan. A divided Court followed the Fifth Circuit’s decision in the Texas social media case and held that the internet was fundamentally different than other forms of media; as a result, according to the Court, the free speech protections in Sullivan did not apply. Furthermore, the Florida law could be enforced against residents of states other than Florida who dared to criticize DeSantis.
As usual, the other red states fell into line and adopted similar regulations. Liberal democracy in America was effectively dead.