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Federal Court Blocks Texas Law Seeking to Restrict Social Networks’ Right to Ban Users

Publications / Dec 30, 2021

Article written by Haim Ravia and Dotan Hammer

A U.S. federal district court in Texas held that “social media platforms have a First Amendment right to moderate content disseminated on their platforms” and issued an order temporarily blocking the State of Texas from enforcing a state law that seeks to prohibit social platforms from banning users.

The state law was signed by the Governor of Texas in September and was due to take effect in December. The law targeted social media companies with more than 50 million monthly users, aiming to prohibit them from banning users based on their political views.

The court’s preliminary injunction was granted on a petition filed by two industry associations. The court’s decision explains that social media platforms, who are privately owned and are not “common carriers”, have the right to use their editorial discretion.

CLICK HERE to read NetChoice, Inc. v. Paxton, 2021 WL 5755120 (W.D. Tex. Dec. 1, 2021)

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