Appeals Court Upholds Texas Law Forbidding Social Media ‘Censorship’ – Allows Lawsuits Against Big Tech

In a victory for free speech, the 5th Circuit Court of Appeals ruled on Friday that a Texas law that bans social media companies from censoring users’ viewpoints is constitutionally allowed.

“The ruling is a win for Texas Gov. Greg Abbott and Texas Attorney General Ken Paxton in their efforts to combat what they call censorship of conservative viewpoints by social media companies,” Politico wrote.

“BOOM! I say again, BOOM! The federal Fifth Circuit Court of Appeals just said @twitter and other social media platforms don’t have an unlimited right to discriminate against speech,” tweeted Alex Berenson.

BOOM! I say again, BOOM! The federal Fifth Circuit Court of Appeals just said @twitter and other social media platforms don’t have an unlimited right to discriminate against speech.

Let a thousand flowers bloom. pic.twitter.com/j8Ya82msRy

— Alex Berenson (@AlexBerenson) September 16, 2022

A panel, including Tim Pool and Dr. Drew, reacted to the court’s ruling.

Watch on Rumble via Chief Nerd:

From Politico:

The law, H.B. 20, had previously been blocked from taking effect by a May 5-4 Supreme Court ruling, which had granted an emergency request by tech trade groups NetChoice and the Computer and Communications Industry Association, which represent Facebook, Twitter and Google. The trade groups have alleged the Texas law violates the First Amendment rights of the companies they represent.

“Today we reject the idea that corporations have a freewheeling First Amendment right to censor what people say,” Andrew Oldham, a Donald Trump appointee who had previously served as Abbott’s general counsel, wrote in the 5th Circuit’s decision.

“I just secured a MASSIVE VICTORY for the Constitution & Free Speech in fed court: #BigTech CANNOT censor the political voices of ANY Texan! The 5th Circuit “reject[s] the idea that corporations have a freewheeling First Amendment right to censor what people say,” Texas Attorney General Ken Paxton tweeted. 

BREAKING: I just secured a MASSIVE VICTORY for the Constitution & Free Speech in fed court: #BigTech CANNOT censor the political voices of ANY Texan! The 5th Circuit “reject[s] the idea that corporations have a freewheeling First Amendment right to censor what people say. pic.twitter.com/UijlzYcv7r

— Attorney General Ken Paxton (@KenPaxtonTX) September 16, 2022

NetChoice Vice President and General Counsel Carl Szabo said in a statement that his organization plans to appeal: “We remain convinced that when the U.S. Supreme Court hears one of our cases, it will uphold the First Amendment rights of websites, platforms, and apps.”

CCIA President Matt Schruers said, “We strongly disagree with the court’s decision. Forcing private companies to give equal treatment to all viewpoints on their platforms places foreign propaganda and extremism on equal footing with decent Internet users, and places Americans at risk.”

The Texas Tribune wrote:

The Supreme Court in May placed an injunction on the law while a legal challenge against it went through the court system. The 5th Circuit Court of Appeals’ ruling Friday likely means the case, which could have wide implications on online speech, will go before the high court again.

The law passed during a special session last year and bans social media platforms with more than 50 million monthly users — like Facebook, Twitter and YouTube — from removing a user or their posts over a “viewpoint.” It also requires them to publicly report information about content removal and account suspensions.

The law is part of a broader movement against a perceived anti-conservative bias from major tech companies. That charge grew when Twitter permanently banned former President Donald Trump for inciting violence and purged over 70,000 accounts linked to dangerous conspiracy groups after the deadly Jan. 6, 2021, insurrection at the U.S. Capitol.

Social media company executives have denied removing content or blocking users based on their viewpoints, though they do have policies prohibiting explicitly graphic content, bullying, hate speech and dangerous misinformation.