Tech Groups Seek SCOTUS Emergency Stay in Texas Social Media Case

Tech groups asked the Supreme Court for an emergency stay late Friday of a 5th U.S. Circuit Court of Appeals order allowing a Texas social media law to be enforced. Plaintiffs NetChoice and the Computer and Communications Industry Association (CCIA) applied for the stay with Supreme Court Justice for the 5th Circuit Samuel Alito, who may rule unilaterally or circulate the matter with the full court.

The appeals court decided 2-1 Wednesday to grant the state’s request to stay a lower court’s preliminary injunction, meaning Texas could start enforcing its law prohibiting larger platforms from blocking, deplatforming or otherwise discriminating against users based on viewpoint or location within Texas. The plaintiffs argued Friday that there is a reasonable probability that most justices would grant certiorari and a more-than-fair prospect that most justices would overrule the lower court’s decision. Denying stay would mean irreparable harm for social platforms covered by the Texas law, with no harm to Texas from keeping the status quo, they said.

“The divided panel’s shocking decision to greenlight an unconstitutional law -- without explanation -- demanded the extraordinary response of seeking emergency Supreme Court intervention,” said NetChoice Policy Counsel Chris Marchese.

The Texas attorney general's office couldn't immediately be reached for comment.