A controversial Texas law that would allow users to file lawsuits against social media companies just got a surprise win. A trio of federal appeals court judges issued a ruling on Wednesday that halted the temporary injunction that stopped the law from taking effect.
Tech platforms would not be allowed to remove or restrict content based on the viewpoint of the user or another person.
NetChoice and the Computer and Communications Industry Association obtained an injunction against the law in December. One of the judges told the trade groups that their tech industry clients were internet providers, not websites.
The CCIA said during oral arguments on Monday that encouraging lawsuits against companies exercising their First Amendment rights would violate the Constitution. The CCIA President slammed the ruling for violating the First Amendment.
Digital services have a right and a commitment to their communities to take action against problematic content on their platforms.
Proponents of the Texas law, crafted to punish tech companies for perceived anti-conservative bias, may have gotten a win on Wednesday, but things certainly aren't settled for the law given its potentially massive implications for social media platforms operating in the state. NetChoice will appeal the order.
NetChoice's counsel said that it was constitutionally rotten from top to bottom and that it was an assault on the First Amendment.
A federal judge stopped a similar law from being passed by Florida's governor. Section 230 of the law allows internet platforms to moderate content as they see fit. The judge noted that the law could violate the First Amendment rights of social media companies.
Florida’s ban on bans will test First Amendment rights of social media companies