Tech, Media, Consumer Groups Side With Twitter in Texas Case

A retaliatory government investigation into a platform’s content moderation decisions chills editorial judgment and harms internet users, tech groups argued Monday before the 9th U.S. Circuit Court of Appeals in 21-15869. Twitter sued Texas Attorney General Ken Paxton (R) in 2021 after the AG opened an investigation following Twitter’s decision to suspend ex-President Donald Trump for his actions linked to the Jan. 6 Capitol siege. The company is seeking a panel rehearing and rehearing en banc after a federal judge in California dismissed the lawsuit, calling it “premature.” NetChoice and the Computer and Communications Industry Association filed an amicus brief in support of Twitter, saying courts recognize editorial judgment and the protection of content moderation under the First Amendment. The Center for Democracy and Technology, the Electronic Frontier Foundation and R Street Institute sided with Twitter. It’s of “exceptional importance” to the public for the platform to be able to challenge a retaliatory, chilling investigation before the probe is concluded, CDT wrote. The Reporters Committee for Freedom of the Press and the Media Law Resource Center also supported Twitter. The question is of exceptional importance to news media and the freedom of the press, they wrote: The First Amendment “flatly prohibits government interference with the editorial judgements of private publishers.”