Tech Groups: Texas Law Would ‘Eviscerate’ Platform Editorial Discretion

Texas’ social media law violates the First Amendment and would eviscerate platforms' editorial discretion over content shown to users, tech industry groups argued Friday before the 5th U.S. Circuit Court of Appeals in docket 21-51178 (see 2203280023). The First Amendment guarantees privately owned publishers the right to exercise editorial discretion, said NetChoice and the Computer and Communications Industry Association. There's no “hosting” exception to the First Amendment, and Supreme Court precedent doesn’t support requiring private companies to host others’ speech, the filing said: The new law discriminates based on viewpoint, content and speaker.