He said something about it, anyway.
Texas Attorney General Ken Paxton said Wednesday that a lawsuit by Twitter won’t deter his office from investigating the content moderation practices of the social media giant and four other major technology companies.
Twitter sued the Republican official this week in an effort to halt his probe, which the company claimed was retaliation for banning the account of former President Donald Trump following the deadly January insurrection at the U.S. Capitol. Days after the riot, Paxton announced an investigation of what he called “the seemingly coordinated de-platforming of the President.” His office demanded a variety of records and internal communications from Google, Facebook, Twitter, Amazon and Apple.
On Monday, Twitter asked a federal judge in California to effectively stop the probe and affirm that its decision to ban Trump was protected by the First Amendment. Paxton responded Wednesday that “most of the companies have cooperated” and called Twitter’s suit “remarkable.”
“Apparently they have some fear of disclosing what they’re actually doing if they’re asking a California judge to rule on Texas law,” he said during an online forum hosted by the conservative Media Research Center. In its demand for records, Paxton’s office cited the authority of Texas’ Deceptive Trade Practices-Consumer Protection Act.
Lawyers for Twitter wrote in their complaint that the company had sought for weeks to “put reasonable limits on the scope” of Paxton’s demands but were unable to reach an agreement with his office. A spokeswoman for the company declined to comment Wednesday.
As previously noted by Law&Crime, Twitter is a private company and therefore has a First Amendment right to moderate its platform as it sees fit. The First Amendment also protects the company from having a government actor dictate how it operates its online platform, a point the company makes in the opening lines of the lawsuit.
“Twitter seeks to stop AG Paxton from unlawfully abusing his authority as the highest law-enforcement officer of the State of Texas to intimidate, harass, and target Twitter in retaliation for Twitter’s exercise of its First Amendment rights,” the lawsuit states. “The rights of free speech and of the press afforded Twitter under the First Amendment of the U.S. Constitution include the right to make decisions about what content to disseminate through its platform. This right specifically includes the discretion to remove or otherwise restrict access to Tweets, profiles, or other content posted to Twitter. AG Paxton may not compel Twitter to publish such content over its objection, and he may not penalize Twitter for exercising its right to exclude such content from its platform.”
A spokesperson for the company reiterated the free speech issue at the center of the controversy in a statement on Tuesday.
“A core part of Twitter’s mission is to protect freedom of expression and defend an Open Internet,” the statement read. “We work every day to protect those interests for the people who use our service around the world. The First Amendment protects everyone’s right to free speech, including private businesses.”
The company alleges it made several attempts to reach out to Paxton’s office to narrow the scope of the all-encompassing CID, but said the AG refused to budge.
“Instead, AG Paxton made clear that he will use the full weight of his office, including his expansive investigatory powers, to retaliate against Twitter for having made editorial decisions with which he disagrees,” the complaint states.
Seems pretty simple, but we’ll see what a judge says. I also found this Twitter thread that came to a similar conclusion, in response to some other guy claiming that Twitter’s lawsuit was garbage. So far my conclusion is that Twitter has the better argument, but I am open to someone who knows more about the law than me saying otherwise.