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Free Expression

CDT Joins RCFP Brief in NetChoice v. Paxton Challenging Texas Social Media Law HB 20

CDT joined an amicus brief by the Reporters Committee for Freedom of the Press in NetChoice v. Paxton, a case challenging the Texas social media law HB 20. After a district court preliminarily enjoined HB 20 on First Amendment grounds, Texas appealed to the Fifth Circuit.

In our amicus brief supporting NetChoice, we argue that HB 20’s requirement that covered platforms not “censor a user” on the basis of the “viewpoint” the user expresses violates platforms’ First Amendment protected right to exercise editorial discretion by engaging in content moderation.

In addition, the brief argues that the transparency provisions of HB 20 are part of a viewpoint discriminatory scheme that violates the constitution, and, even if considered on their own, are not justified by a substantial government interest, as the First Amendment requires. 

Read the full brief here.