The law also does not include sites that are dedicated to news, sports, entertainment and other information that its users do not primarily generate. Covered pages are largely prohibited from deleting posts based on their views, with exceptions for the sexual exploitation of children, incitement to criminal activity, and some threats of violence.
According to two trade groups that defied the law, the measure “would force platforms to spread all sorts of reprehensible views, such as Russian propaganda claiming that its invasion of Ukraine is justified, ISIS propaganda that states that extremism is justified, neo-Nazi or KKK. ” screeds denying or supporting the Holocaust, and encouraging children to engage in risky or unhealthy behaviors such as eating disorders. “
The law requires that platforms be treated as common operators who must transmit essentially all messages from their users instead of publishers with editorial discretion.
In a separate case last week, the U.S. Circuit Court of Appeals for the 11th Circuit largely upheld a preliminary precautionary measure against a similar Florida law.
“Social media platforms exercise an editorial judgment that is inherently expressive,” Judge Kevin C. Newsom wrote for the panel. “When platforms choose to remove users or posts, prioritize the content of viewers’ feeds or search results, or sanction violations of their community standards, they engage in activities protected by the First Amendment.
The First Amendment generally prohibits government restrictions on speech based on content and point of view. In its emergency application to the Supreme Court, business groups challenging Texas law said it was violating those principles at all times. “HB 20 is a blatantly unconstitutional law that binds the preferred speech by the government of selected private entities and would require a huge disruption to the global operations of the covered internet websites,” the application said.
In response to the emergency call, Texas Attorney General Ken Paxton wrote that “platforms are the 21st century descendants of telegraph and telephone companies — traditional common operators.” That means, wrote Mr. Paxton, which is generally accepted by all customers.