Ian Millhiser: Two Republican judges just let Texas seize control of Twitter and Facebook

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Ian Millhiser
@imillhiser
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I wrote about that crazy-ass Fifth Circuit opinion allowing Texas to seize control over Twitter and Facebook.
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vox.com
Two Republican judges just let Texas seize control of Twitter and Facebook
The Fifth Circuit wants to put Texas Republicans in charge of social media platforms.
2:44 PM · Sep 19, 2022

https://www.vox.com/policy-and-politics/2022/9/19/23361050/supreme-court-texas-twitter-facebook-youtube-social-media-fifth-circuit-netchoice-paxton

An especially right-wing panel of the already conservative United States Court of Appeals for the Fifth Circuit handed down an astonishing opinion on Friday, effectively holding that the state of Texas may seize control of content moderation at major social media platforms such as Twitter, Facebook, and YouTube.

The mere fact that this opinion exists is not surprising. When Texas initially passed the law at hand, which imposes strong restrictions on major social media companies’ power to moderate content and ban users deemed to be offensive or worse, the same panel of judges raced to defend it.

Trade organizations representing the major social media companies sued to block the law from taking effect, and a federal trial court agreed with them. In May, the Fifth Circuit handed down a brief, unexplained order in NetChoice v. Paxton, which reinstated the Texas law — until the Supreme Court blocked that decision a few weeks later, effectively suspending the law once again.

Now, the Fifth Circuit is attempting to permanently reinstate the law. Its latest opinion, which explains why the court sided with Texas’s law, is exceedingly difficult to square with longstanding First Amendment law. Indeed, it turns that law on its head, holding that the government may force private companies — or, at least, large private social media companies — to publish content that the companies do not wish to host.

*snip*

[Generic Brad]

1. Does this mean liberals can bombard Truth Social?

Those dopes fail to consider things like this can be used against them too.

[Tetrachloride]

2. Mopery and dopery

[Dustlawyer]

3. Does this mean I can go into a business without a shirt or shoes and they cannot kick me out?

But I can still refuse to bake a cake for people I don't like because they want to get gay married?

The only thing consistent with Repugs is their hypocrisy!

[sarcasmo]

4. This country is screwed beyond repair.

[lindysalsagal]

5. We'll have to watch the filthy rich dot-comers sue for their own survival.

[Lovie777]

6. It could be contested ...

it ain't over.

[NQAS]

7. Is it possible...

For the social media sites to block transmission to ip addresses in Texas?

Its a multi faceted issue, of course. They’d lose advertising money.

And then there’s the issue of adhering to federal legislation.

Lawsuits from people harmed by or at risk from hate speech.

And, as usual, there will be a host of unintended consequences.

[HAB911]

8. I like the idea

Block all IPs in Texas, just quit doing business there

[Buns_of_Fire]

9. Unless a business is based in Texas, what can Texas do about it?

Maybe they'll set up their own communications network and Internet access solely within the state. That concept worked so well for the electrical grid, why not?