On Friday, the Fifth Circuit Court of Appeals upheld a Texas law restricting social media giants from censoring users’ posts based on their political views.
The ruling is a clear victory for Texas Gov. Greg Abbott (R) and Texas Attorney General Ken Paxton (R) and an undeniable defeat for Facebook, Twitter and Google.
“Today we reject the idea that corporations have a freewheeling First Amendment right to censor what people say,” Judge Andrew Oldham wrote on behalf of the court’s majority.
A lower court had previously blocked the law which makes it possible for people to sue large social media companies for removing political posts.
The New York Times has more on Friday’s decision:
It comes as platforms like Facebook, YouTube and Twitter face immense political pressure over their decisions to take down content they deem misinformation, or view as hateful or violent. Republicans have generally called for the platforms to leave up more posts, while Democrats have urged them to be more aggressive in removing some content.
Lawmakers in Washington have pushed for changes to a law, known as Section 230, that shields platforms from liability for the content users post, to nudge the companies to either be more forceful or more lenient. But those proposals have gained little traction.
Two tech industry groups, NetChoice and the Computer & Communications Industry Association, sued to block the law after it was approved last year, saying the social media companies have a First Amendment right to remove posts they consider inappropriate. A different federal court has blocked a similar law in Florida.
The ruling on Friday is the latest turn in the legal wrangling over the law. Last year, a district court blocked the law. The appeals court disagreed with that decision, clearing the way for the law to take effect. But the Supreme Court intervened at the behest of the technology industry groups — blocking the law until the court of appeals issued its fuller ruling. The decision on Friday does not allow the law to take effect; that requires the appeals court to issue instructions to the lower court.
Despite the ruling, the legal battle over content moderation is all but guaranteed to continue, with many observers expecting a Supreme Court showdown in the not-too-distant future.
This story is developing. Stay with American Liberty News for the latest updates.
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The individuals first amendment rights must come first, you are free to argue/debate the subjects, but never censure. Positions will rise or fall on their merit, but should never be cut out before the citizen can be exposed to the idea/position! The thumbs down was removed to make censoring easier for the leviathan. The people should never fear the leviathan because the only power that the leviathan has is from the people.To many in government live under the delusion that they are the power and final arbiters of truth.
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Hooray Yes