The law also does not cover sites that are dedicated to news, sports, entertainment and other information that their users do not primarily generate. With the exception of some threats of sexual abuse of children, incitement to criminal activity and violence on the sites covered, it is largely forbidden to remove posts based on the opinions they express.
According to two trade groups challenging the law, the measures would “force the platform to disseminate all sorts of offensive views – such as propaganda claiming Russia’s invasion of Ukraine was justified, ISIS propaganda claiming to deny extremism, neo-Nazi or KKK. Holocaust or To support it and encourage children to engage in risky or unhealthy behaviors such as eating disorders. “
The law requires that platforms be considered as common carriers who must convey all the messages of their users, rather than publishers with editorial discretion.
In a separate case last week, the U.S. Court of Appeals for the 11th Circuit upheld a preliminary injunction against a similar Florida law.
Judge Kevin c. “Social media platforms use editorial judgments that are inherently expressive,” News wrote for the panel. “When platforms choose to remove users or posts, deprive viewers of content in feeds or search results, or allow them to violate their community norms, they engage in the first update-protected activity.”
The First Amendment generally prohibits government restrictions on speech based on content and point of view. In their emergency petition to the Supreme Court, business groups challenging Texas law said it violates those principles at every turn. “HB20 is clearly an unconstitutional law that would require government-selective discourse from select private entities and would require a major upheaval in the worldwide operation of the Internet websites covered,” the application said.
In response to the emergency request, Texas Attorney General Ken Pexton wrote that “the platform is the 21st century descendant of the telegraph and telephone companies: the traditional common carriers.” That means, Mr. “They must generally accept all customers,” Paxton wrote.