Fifth Circuit Upholds Texas Social Media Law
The U.S. Court of Appeals for the Fifth Circuit upheld the constitutionality of a Texas law that greatly restricts the ability of social media companies to moderate content and imposes certain transparency requirements.
Published by The Lawfare Institute
in Cooperation With
On Sept. 16, the U.S. Court of Appeals for the Fifth Circuit handed down a long-awaited ruling in NetChoice v. Paxton, upholding the constitutionality of a Texas law that greatly restricts the ability of large social media platforms to moderate content and imposes certain transparency requirements. NetChoice, a trade association, challenged the legislation on First Amendment grounds.
The Fifth Circuit had previously stayed a preliminary injunction against the law issued by a district court, only for the Supreme Court to vacate the stay. In its ruling today finding the legislation constitutional, the appeals court found a key provision limiting content moderation practices to be acceptable under the First Amendment because it "does not chill speech; instead, it chills censorship."
The court's ruling is available below.
