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The law also does not cover sites devoted to news, sports, entertainment and other information not primarily produced by their users. Covered sites are largely prohibited from removing posts based on the viewpoints they express, with the exception of sexual exploitation of children, incitement of criminal activity, and certain threats of violence.

According to the two trade groups that oppose the law, the measure will “force platforms to spread all kinds of objectionable viewpoints – for example, propaganda claiming that Russia’s invasion of Ukraine is justified, ISIS propaganda claiming extremism is warranted, neo-Nazi or the KKK, such as the Holocaust. Words that deny or support and encourage children to engage in risky or unhealthy behaviors, such as eating disorders.”

The law requires platforms to be treated as common carriers, where essentially all their users must deliver their messages, rather than publishers with editorial discretion.

In a separate case last week, the U.S. Court of Appeals for the 11th Circuit greatly supported an injunction against a similar Florida law.

“Social media platforms make editorial judgments that are inherently impressive” Judge Kevin C. Newsom Wrote for the panel. “When platforms choose to remove users or posts, downvote content in viewers’ posts or search results, or penalize violations of community standards, they engage in First Amendment-protected activity.

The First Amendment generally prohibits government restrictions on speech based on content and perspective. In their urgent appeal to the Supreme Court, trade groups that oppose Texas law said at every turn it violated those principles. In practice, “HB 20 is an absolutely unconstitutional law that mandates speech by certain private entities preferred by the government and would require a major change in the worldwide operations of completely closed websites,” he said.

In response to an emergency application, Texas Attorney General Ken Paxton wrote that “platforms are the descendants of the telegraph and telephone companies in the 21st century: that is, the traditional common carriers.” This means, Mr. Paxton wrote that they should generally accept all customers.