{"id":7929,"date":"2022-05-24T16:16:21","date_gmt":"2022-05-24T16:16:21","guid":{"rendered":"http:\/\/lonecandle.com\/?p=7929"},"modified":"2022-05-24T16:16:21","modified_gmt":"2022-05-24T16:16:21","slug":"republicans-defend-texas-social-media-law-and-compelled-speech","status":"publish","type":"post","link":"https:\/\/lonecandle.com\/?p=7929","title":{"rendered":"Republicans Defend Texas Social Media Law\u2014and Compelled Speech"},"content":{"rendered":"\n

\n\n“A blatantly unconstitutional Texas social media law<\/a> can start being enforced unless the Supreme Court steps in.<\/strong> The law was blocked by a U.S. district court last year after internet advocacy and trade groups challenged it. But a new order from the U.S. Court of Appeals for the 5th Circuit means Texas can begin enforcement of its social media law\u2014and wreak havoc on the internet as we know it in the process.<\/p>\n\n\n\n

NetChoice and the Computer and Communications Industry Association (CCIA)\u2014the groups that filed the lawsuit against the Texas social media law\u2014have now submitted an emergency petition to the Supreme Court asking it to intervene<\/a>. Meanwhile, Texas and a slew of other states with Republican leaders are advocating for the law, which would treat large social media platforms like common carriers<\/a> (such as railroads and telephone companies) that have a legal obligation to serve everyone.<\/p>\n\n\n\n

How we got here: <\/strong>The Texas social media law (H.B. 20) bans large platforms from engaging in many forms of content moderation\u2014including rejecting unwanted content outright, limiting its reach, or attaching disclaimers to it\u2014based on the viewpoint said content conveys. It’s similar to legislation passed (and blocked, for now)<\/a> in Florida.<\/p>\n\n\n\n

Borrowing a page from George Orwell, supporters like Texas Gov. Greg Abbott say the law<\/a> is designed to protect<\/em> free speech. But in addition to protecting people and private entities from censorship, the First Amendment also protects against them being compelled<\/em> by the government to speak or host certain messages\u2014which is exactly what H.B. 20 does.<\/p>\n\n\n\n

Accordingly, Judge Robert Pitman of the U.S. District Court for the Western District of Texas held last December that H.B. 20 violated the First Amendment<\/a> and issued a preliminary injunction against enforcing it.<\/p>\n\n\n\n

But Texas appealed, and last week the U.S. Court of Appeals for the 5th Circuit issued a stay on the lower court’s decision\u2014meaning Texas can start immediately enforcing the social media law.<\/p>\n\n\n\n

The 5th Circuit did not offer an opinion<\/a> explaining its reasoning, so it’s hard to say what’s going on there. In any event, NetChoice and the CCIA are now asking the U.S. Supreme Court to step in.”<\/p>\n\n\n\n

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Republicans Defend Texas Social Media Law\u2014and Compelled Speech<\/a><\/blockquote>