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July 7, 2022court rulingtechnology policyFirst Amendmentsocial media regulationFirst Amendmentsocial media regulationcontent moderation

NetChoice and CCIA file First Amendment challenge to Texas HB 20, arguing social media content moderation is protected editorial speech

NetChoice and the Computer and Communications Industry Association filed suit against Texas House Bill 20, which prohibited large social media platforms from removing content based on a user's political viewpoint. The challengers argued that platforms' content moderation decisions constituted protected editorial discretion under the First Amendment — the same right newspapers hold to choose what to publish. The case set up a direct conflict between states seeking to regulate platform speech and platforms claiming constitutional protection for moderation choices.