Texas Wants Users to Sue Facebook for Banning Their Accounts
H.B. 20, or the Freedom from Censorship Act, is probably Texas’ most consequential anti-tech action the state has ever taken, and its all the more strange because how plainly it eliminates the notion that social media companies are private entities, instead thinking of them as de jure “public squares.”
The law was sponsored by Republican State Sen. Bryan Hughes and given the green light all the way up to Governor Greg Abbott’s desk, all the while saying they were supporting “free speech.” This is despite the fact that Texas Republicans have restricted how teachers can talk about racism in the classroom. H.B. 20 claims that all social media companies with more than 50 million users are subject to lawsuit from users who find that their account or even their posts are blocked or banned. It doesn’t matter if the content defies the companies’ user agreements or policies about disinformation.
Then in May, federal judges overruled a hold on the law in a split 2-1 decision without actually deciding on the merits of the law and without issuing a written decision. Those judges who ruled in favor of reinstating the law made claims that the social media companies are effectively “internet providers” rather than websites.
Trade groups representing social media companies quickly submitted an appeal with the U.S. Supreme Court, and over 30 separate pro-tech groups filed in support of the trade groups’ application. In a split 5-4 decision, SCOTUS put a hold on the order while letting the lower courts hash out a more thorough decision.
