U.S. Court Upholds Texas Law on “Viewpoint” Censorship

Conservatives and right-wing pundits have argued that this regulation is essential to prevent "Big Tech" from stifling their viewpoint

On Friday, a U.S. appeals court upheld a Texas law that prevents major social media firms from barring or restricting users based on “viewpoint,” which was a blow for industry organizations in the technology sector who said the rule would convert platforms into havens for harmful information, Reuters reports.

The U.S. Supreme Court may decide on the statute after the 5th U.S. Circuit Court of Appeals, which is situated in New Orleans, ruled 3-0 in favor of it. Conservatives and right-wing pundits have argued that this regulation is essential to prevent “Big Tech” from stifling their views.

The Republican-controlled Texas legislature enacted the bill, and the Republican governor of the state signed it.

NetChoice and the Computer & Communications Industry Association, whose members include Meta Platforms’ Facebook, Twitter, and Alphabet Inc.’s YouTube, were among the tech organizations that opposed the measure and suffered defeat in Friday’s decision.

They have fought to protect their ability to control user material when they think it could incite violence, claiming worries that unchecked platforms might assist extremists like terrorists, Nazi sympathizers, and hostile foreign governments.

The group stated on Friday that it opposed requiring private businesses to serve all opinions equally.

“‘God Bless America’ and ‘Death to America’ are both viewpoints, and it is unwise and unconstitutional for the state of Texas to compel a private business to treat those the same,” Reuters quoted a statement by the group.

Conservatives have criticized the social media corporations’ tactics as abusive, citing Twitter’s permanent ban of Trump from the service just after a mob of his followers attacked the U.S. Capitol on January 6, 2021. The possibility of further inciting violence has been stated by Twitter as a justification.

The Texas legislation prohibits social media businesses with at least 50 million active monthly users from “censoring” individuals based on their “viewpoint,” and it gives users or the Texas attorney general the right to bring legal action to enforce the rule.

On Twitter, the attorney general of Texas, Ken Paxton, praised the decision as a “huge victory for the constitution and free expression.”

The parties who were wronged have a greater case for requesting the Supreme Court to consider the case since the 5th Circuit opinion disagrees with a portion of an 11th Circuit decision.

A comparable Florida statute was mostly determined to violate the firms’ “free speech rights and cannot be implemented,” according to the Atlanta-based 11th Circuit’s ruling in May.

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