CCIA, NetChoice Sue Texas Over Social Media Law

The Computer & Communications Industry Association and NetChoice sued Texas over its social media law Wednesday (see 2109030048 and 2109100049), calling it a First Amendment violation. See a news bulletin here. The associations filed a lawsuit against a similar social media law passed in Florida.

Texas HB-20, enacted Sept. 9, prohibits larger platforms from blocking, deplatforming or otherwise discriminating against users based on viewpoint or location within Texas. It prevents a “targeted list of disfavored 'social media platforms' from exercising editorial discretion over content those platforms disseminate on their own privately owned websites and applications," CCIA and NetChoice said in U.S. District Court in Austin. The suit was expected; tech industry groups had told us a legal challenge was possible. Such as see here.

“Given that Florida’s similar law has been enjoined because of constitutional violations, Texas should repeal this flawed attempt to force private businesses to host political speech against their will,” said NetChoice CEO Steve DelBianco. “There are few First Amendment fouls clearer than regulating based on viewpoint,” said CCIA President Matt Schruers. “Compelling digital services to treat all political viewpoints -- even Nazis and white supremacists -- equally to those of everyday Americans is bad policy, bad politics, and unconstitutional.”

The filing has several similarities to the lawsuit in Florida, Schruers told reporters. The groups seek immediate relief to prevent implementation of the law, he said, citing First Amendment and Commerce Clause issues. He expects the suit to prevail. Texas is free to start a website allowing all content, even lawful but awful content, which is a better option than trying to take control of tech platforms, said DelBianco. The case targets the law's most harmful and "blatantly unconstitutional" elements to obtain swift injunction, said DelBianco.

The defendant is Texas Attorney General Ken Paxton (R). His office didn’t comment. Offices for Republican bill authors Sen. Bryan Hughes and Rep. Briscoe Cain didn’t comment.

A district court paused proceedings on Florida’s social media law earlier this month until the 11th U.S. Circuit Court of Appeals rules on the state's appeal of a preliminary injunction (see 2108310065). DelBianco told us in August to expect a lawsuit against Texas if it passed its own law. Gov. Greg Abbott (R) signed the law this month.