Insights Into Texas' Content Moderation Law

On May 31, the US Supreme Court reinstated an injunction first implemented in December 2021 regarding HB 20, the Texas law prohibiting social media companies from certain content moderation based on viewpoints. Its decision comes just over a week after the 11^th Circuit upheld an injunction barring enforcement of Florida's law that banned social media platforms from removing political candidates.

The Supreme Court's 5-4 decision stemmed from NetChoice LLC and the Computer and Communications Industry Association's appeal of the Fifth Circuit decision staying the original injunction issued by the District Court. Their argument was that rather than promoting free speech, Texas' law is requiring social media platforms to promote speech they don't agree with. Justice Alito in his dissent discussed social media's transformative impact on communication and stated that while he does not have "a definitive view on the novel legal questions that arise from Texas' decision to