Justices 5-4 vote cuts across ideological lines
The Supreme Court voted 5-4 late on May 31 to temporarily block a Texas law that prevents social media platforms from censoring users based on their political views.
Known as HB 20, the state law makes it unlawful for tech platforms to restrict or remove content based on “the viewpoint of the user or another person” or “the viewpoint represented in the user’s expression.”
The statute also requires the platforms to establish procedures users can use to appeal a platform’s decision to “remove content posted by the user.” The law applies to platforms that have more than 50 million active monthly users in the United States.
Texas Gov. Greg Abbott, a Republican, signed the bill in September 2021.
The case is Netchoice v. Paxton, court file 21A720.
The applicants are two trade associations representing big tech—Netchoice and the Computer and Communications Industry Association (CCIA). The respondent is Ken Paxton, a Republican who is the attorney general of Texas.
Silicon Valley giants oppose the legislation, claiming it is unconstitutional.
After the new ruling CCIA president Matt Schruers praised the order.
“We are encouraged that this attack on First Amendment rights has been halted until a court can fully evaluate the repercussions of Texas’s ill-conceived statute,” he said in a statement.
“This ruling means that private American companies will have an opportunity to be heard in court before they are forced to disseminate vile, abusive or extremist content under this Texas law.
“We appreciate the Supreme Court ensuring First Amendment protections, including the right not to be compelled to speak, will be upheld during the legal challenge to Texas’s social media law,” Schruers said.
“The Supreme Court noting the constitutional risks of this law is important not just for online companies and free speech, but for a key principle for democratic countries. No online platform, website, or newspaper should be directed by government officials to carry certain speech. This has been a key tenet of our democracy for more than 200 years and the Supreme Court has upheld that.”
