11 States Back Texas in Tech Industry’s Lawsuit Against Social Media Law

Texas’ social media law doesn’t violate the First Amendment, Florida and 10 other states said Wednesday in an amicus brief filed with the 5th U.S. Circuit Court of Appeals in docket 21-51178 (see 2203030063). When a social media platform creates a forum for billions of speakers, the First Amendment doesn’t prohibit laws that “regulate the manner in which the platform hosts those messages,” the states said. Regulation becomes problematic only when it “curtails” the host’s “own message.” Texas’ law doesn’t do that, they said: “It permits social media platforms to say whatever they like; they simply must not stifle the speech of others in darkness.” The First Amendment doesn’t prohibit such a neutral disclosure regime, they argued. NetChoice and the Computer and Communications Industry Association sued to block the law, claiming First Amendments violations. The associations are suing against a similar law in Florida (see 2111150066). Joining Florida in the filing in support of Texas are Alabama, Alaska, Arizona, Arkansas, Kentucky, Louisiana, Mississippi, Missouri, Montana and South Carolina.