Appeals court reinstates Texas law protecting social media users

Gateway PunditA federal appeals court on Wednesday reinstated a Texas law that prohibits social media companies from banning users based on their political views. The law will take effect immediately following the ruling.

Governor Abbott signed the new law last September 9, prohibiting the social media giants from banning users based on their political views and requiring them to produce regular reports of removed content, create a complaint system, and disclose their content regulation procedures, according to Texas Tribune.

U.S. District Judge Robert Pitman blocked the law in December after NetChoice and CCIA filed a lawsuit claiming that the law violated their right to free speech under the 1st Amendment of the U.S. Constitution. According to Judge Pitman, social media platforms are protected by the First Amendment and have the right to moderate content.

On Wednesday, a three-judge panel of the New Orleans-based Fifth U.S. Circuit Court of Appeals granted a motion to stay to allow Texas to implement the law while the state’s appeal continues.

The Texas law is clearly in the spirit of the First Amendment. The details are more complicated. My take on it is more practical: if a company gets so big as to have effective monopoly status, it's services are treated like common carrier services. The phone company doesn't get to deny service because they don't like you. Neither should Twitter or Facebook.

This entry was published Sat May 28 22:56:02 CDT 2022 by TriggerFinger and last updated 2022-05-28 22:56:02.0. [Tweet]

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