A US appeals court on Friday (Sep 16) upheld a Texas law that bars large social media companies from banning or censoring users based on “viewpoint”, a setback for technology industry groups that have argued that the Republican-backed measure would turn platforms into bastions of dangerous content.
The 5th US Circuit Court of Appeals ruling sets up the
potential for the US Supreme Court to rule on the law, which conservatives and
right-wing commentators have said is necessary to combat “Big Tech” from
suppressing their views.
The Texas law was passed by the state’s Republican-led
legislature and signed by its Republican governor.
The tech groups on the losing end of Friday’s ruling include
NetChoice and the Computer & Communications Industry Association, which
count Meta Platform’s Facebook, Twitter and Alphabet’s YouTube as members.
The social media companies have sought to preserve rights to
regulate user content when they believe it may lead to violence. They have
cited concerns that unregulated platforms will enable extremists such Nazi
supporters, terrorists and hostile foreign governments.
Some conservatives labelled their practices abusive,
pointing to Twitter’s permanent suspension of Donald Trump from the platform
shortly after the Jan 6, 2021, attack on the US Capitol by a mob of the former
president’s supporters. Twitter had cited “the risk of further incitement of
violence” as a reason for the move.
The Texas law, known as HB20, forbids social media companies
with at least 50 million monthly active users from acting to “censor” users
based on “viewpoint”, and allows either users or the Texas attorney general to
sue to enforce it.
In signing the bill last year, Texas Governor Greg Abbott
said, “There is a dangerous movement by some social media companies to silence
conservative ideas and values. This is wrong and we will not allow it in
Texas”.
The industry groups sued to try to block the law,
challenging it as a violation of the free speech rights of companies under the
US Constitution’s First Amendment.
Because the 5th Circuit ruling conflicts with part of a
ruling by the 11th Circuit, the aggrieved parties have a stronger case for
petitioning the Supreme Court to hear the matter.
In May, the 11th Circuit found that most of similar Florida
law violates the companies’ free speech rights and cannot be enforced. REUTERS
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