Tech industry appeals the bad Texas social media law to the Supreme Court

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NetChoice and the Computer Communications Industry Association appealed to the Supreme Court for a stay of the Texas social media law. The law creates liability for content moderation decisions that are based on the viewpoint of the user or another person, which could make it impossible to ban hate speech on platforms. The appeals court unblocked the bill without explanation on Wednesday, after it was blocked in court late last year.

NetChoice counsel Chris Marchese said in a press release that Texas House Bill 20 strips private online businesses of their speech rights, forbids them from making constitutionally protected editorial decisions, and forces them to publish and promote objectionable content.

One of the judges on the Fifth Circuit seemed to think that a website was not a website, and another thought that a website was not a website.

NetChoice won a similar case in Florida last year, making the constitutional issues in this case even more pressing to address.

NetChoice and CCIA decided to go directly to the Supreme Court, skipping the Fifth Circuit's review of the original panel's decision. Justice Samuel Alito will review NetChoice's emergency stay request, which could lead to a court decision. If the request is granted, it will mean that HB 20 is once again blocked.

The Supreme Court has a solid conservative majority, including Justice Clarence Thomas, whose views on moderation on social media seem to be in line with those of House Bill 20 and the January 6th rally that turned into an insurrection.