U.S. Supreme Court Blocks Texas Content Moderation Law Applicable to Social Media Companies

The United States Supreme Court issued a May 31, 2022 5-4 opinion found here that blocks a Texas law that prohibits large social media companies, from banning or removing users’ posts based on political viewpoints.

According to the opinion: 

The law in question, HB20, regulates “social media plat- form[s]” that are “open to the public;” that “enabl[e] users to communicate with other users for the primary purpose of posting information, comments, messages, or images;” and that have at least “50 million active users in the United States in a calendar month.” App. to Application 39a–41a (App.). Section 7 of HB20 prohibits these platforms from “censor[ing]” users based on viewpoint, and §2 requires cov- ered platforms to disclose certain information about their business practices, including an “acceptable use policy” and “a biannual transparency report.” Id., at 39a–46a, 48a– 52a. These platforms must also establish procedures by which users can appeal a platform’s decision to “remove content posted by the user.” Id., at 44a.

Applicants are two trade associations that represent ma- jor social media platforms covered by the statute. They challenged the constitutionality of HB20 in the United States District Court for the Western District of Texas, con- tending, among other things, that the law is facially uncon- stitutional under the First Amendment. The court agreed, and it preliminarily enjoined the Texas attorney general from enforcing the statute. The United States Court of Appeals for the Fifth Circuit—after full briefing and oral ar- gument—stayed that preliminary injunction.

The Court  granted NetChoice and the Computer & Communications Industry Association’s request to reinstate a block imposed by a federal district judge as the lawsuit goes through the court system.

The decision does not rule on the merits of the law, known as HB20, but reimposes an injunction blocking it from taking effect while federal courts decide whether it can be enforced. The Supreme Court is likely to be asked to take a look at the constitutionality of the law in question at some point in the near future. 

Lanton Law is a national boutique law and government affairs firm that closely monitors legislative, regulatory and legal developments for our clients. We help stakeholders understand what’s at issue so that we can help our valued clients achieve their priorities. Contact us to learn about how either our legal or lobbying services can help you attain your goals.