A federal judge has blocked the controversial Texas bill designed to stop social media platforms from blocking users over what they post.
The bill was introduced in Texas after former U.S. President Donald Trump was blocked by major social media platforms, including Facebook and Twitter. The bill called HB 20, was signed by Texas governor Greg Abbott in September and was billed to take effect from Dec. 2.
Republicans were counting on the bill to quell what they called “censorship.” But a federal judge blocked the bill on Wednesday, saying it violated the First Amendment.
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Judge Robert Pitman ruled that the bill would violate social media companies’ First Amendment right to exercise editorial control over the content that appears on their platforms, according to a filing submitted to an Austin, Texas district court.
“HB 20 prohibits virtually all content moderation, the very tool that social media platforms employ to make their platforms safe, useful, and enjoyable for users,” the filing states.
The HB 20 was challenged by NetChoice and the CCIA, the two industry groups representing online platforms, whose members include Amazon, Google, Meta and Twitter. The groups, who have challenged a similar bill in Florida earlier this year, said in a press statement that they have expected the ruling.
“Today’s outcome is not surprising. The First Amendment ensures that the Government can’t force a citizen or company to be associated with a viewpoint they disapprove of, and that applies with particular force when a State law would prevent companies from enforcing policies against Nazi propaganda, hate speech, and disinformation from foreign agents,” they said.
The CCIA has been advocating for free speech online for more than two decades, and has relied on the First Amendment to protect internet platforms.
“This ruling upholds the First Amendment and protects internet users. Without this temporary injunction, Texas’ social media law would make the internet a more dangerous place by tying the hands of companies protecting users from abuse, scams, or extremist propaganda,” the group said.
Challenged by the groups, Florida Gov. Ron DeSantis’ attempt to enact a similar law was blocked by a federal judge in July, on the grounds that it violated the First Amendment.
The Wednesday ruling has dealt a huge blow to the right wing’s push to restore Trump’s social media presence. The former Republican President had relied on social media to communicate during his time in office. He was blocked by many social media platforms for inciting the Jan. 6 Capitol riot that resulted in the death of many people.
However, Republicans have largely seen the action of social media platforms as censorship targeting the conservatives. Abbott and DeSantis were heading the charge to protect conservative voices from social media moderation. When he signed HB 20 in September, Gov. Abbott said: “There is a dangerous movement by some social media companies to silence conservative ideas and values.”
The ruling means that Trump will remain without his megaphones for long. His earlier attempt to establish a social platform of his own, where he would communicate with his followers, failed. In October, Trump announced plan to develop another social media platform called Truth Social, in partnership with Digital World Acquisition Corp. – the Spac company.
But the November launch date that Trump Media & Technology Group set for Truth Social has elapsed, indicating another failure at attempt by the former President to set up his own social media. Trump’s plan to take another shot at the presidency in 2024, depends so much on getting back his social media megaphone. But it is faltering.