Federal court lets Texas enforce new social media law

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A federal appeals court is allowing Texas’ new social media law to take effect, lifting a judge’s blockade and escalating the legal battle over digital censorship.

A three-judge panel of the US 5th Circuit Court of Appeals issued a one-sentence ruling in favor of Texas Attorney General Ken Paxton, who appealed to prevent a federal judge’s injunction from stopping the law.

Texas law aims to eliminate digital censorship by directing social media platforms such as Facebook and Twitter, which have more than 50 million active users, not to discriminate against Texan perspectives.

“My office made another BIG WIN against BIG TECH,” Mr. Paxton said on Twitter from his office account. “#Texas’ HB20 is back in effect. District 5 made the right decision here and I look forward to continuing to advocate for #HB20’s constitutionality.”

The three-judge panel was not unanimous, but the court did not explain how the judges voted or the reasoning for the decision.

Plaintiffs appealing Texas law, the Computer and Communications Industry Association, and NetChoice were not satisfied with the outcome.

“This inexplicable order is against the established First Amendment law. “There is no other choice but the table,” CCIA President Matt Schruers said in a statement. “We will do what is necessary to ensure that the free market, not government decision, decides what digital speech services will do and disseminate.”

Carl Szabo, NetChoice’s vice president and general counsel, called Texas law “completely constitutionally rotten” and said in a statement that his group plans to appeal the decision immediately.

Tech industry trade groups took the edge ahead of Wednesday’s decision.

After Texas Governor Greg Abbott signed the law last fall, two tech industry trade groups challenged the law in September. CCIA and NetChoice scored an early victory in December 2021 when U.S. District Judge Robert Pitman issued an injunction blocking enforcement of the law.

Texas has challenged the federal judge’s blockade, and the federal appeals court heard verbal arguments about the bloc earlier this week. The three-judge panel’s decision on the blockade of the law, which sided with Texas on Wednesday, did not explicitly address the constitutionality of the social media law.



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