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Social media censorship lawsuit has its day in court

It’s a very dumb law that will hopefully be stopped before it takes effect tomorrow.

Lawyers for two large tech industry groups appeared Monday in federal court in Austin to argue that Texas’ new social media law — inspired by Republican complaints that conservatives are ill-treated on Twitter, Facebook and other large platforms — should be blocked as unconstitutional.

Known as House Bill 20, the law lets social media users sue if they are blocked or their posts are removed based on the user’s viewpoint. It also gives companies two days to respond to user complaints about content removal and two weeks to handle appeals if users disagree with the action.

But lawyer Scott Keller argued that the law should be blocked from taking effect Thursday because it violates the First Amendment free speech right of social media companies to monitor, screen and delete content published on their platforms.

Instead, Keller said, the law requires platforms to continue publishing posts that violate their terms of service, including those that glorify Nazis or spread medical misinformation.

“This is a striking assertion of government power,” he told U.S. District Judge Robert Pitman during a two-hour in-person hearing Monday in downtown Austin. “The First Amendment protects editorial discretion.”

HB 20 also creates an onerous set of regulations on complaints and appeals that would be impossible to meet, Keller argued, noting that in a three-month period earlier this year, YouTube removed 9.5 million videos and 1.16 billion comments for violating decency and other standards.

But Assistant Attorney General Courtney Corbello argued that the law does not stop social media companies from prohibiting certain types of content.

“HB 20 says continue to have your policies, continue to prohibit the content the way you want to, just don’t discriminate against people,” she said. “HB 20 prohibits viewpoint discrimination. It does not prohibit content moderation.”

Corbello also disputed claims that the law is onerous, noting that Facebook and YouTube already inform users when content is removed and have an appeals process in place to resolve disagreements.

See here for the background. I may have been wrong about the timing of the slapdown on this dumb law, but I don’t think I’m wrong about the outcome. This time I can point to someone with fancy law credentials who also thinks this law is trash and the lawsuit will succeed – see here for the analysis of HB20, and here for his thoughts on the filings. There are other analyses of the law and similar ones in equally ridiculous states like Florida, which you should read, and there’s this resource page from NetChoice, one of the plaintiffs, if you really want to go deep. As I said, this and other laws from the special session go into effect tomorrow, so expect there to be something in short order.

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  1. […] here and here for the background. You can see the court order here, some commentary on it here, and […]