United States of America: Announced Supreme Court Appeal regarding House Bill 20 restricting social media content moderation and user blocking

On 13 May 2022, NetChoice LLC and CCIA filed an emergency application with the Supreme Court, aiming to block the implementation of Texas House Bill 20 on social media content moderation. The application requests the Supreme Court to vacate the stay ruled by the U.S. Fifth Circuit Court of Appeals on 11 May 2022, which had lifted a previous injunction on Texas House Bill 20, leading to its effect. The Bill limits the ability of social media companies with more than 50 million users to block users and content based on political views. Furthermore, the companies will be required to disclose the guidelines and rules they apply when they remove content from their platforms and put in place a complaint and appeals process for the removed content. The act also requires the review and removal of illegal content within 48 hours. Individuals residing in Texas will be able to sue the companies if they are censored based on political views or the Attorney General can bring charges on their behalf. The injunction was granted because the plaintiffs challenged the Bill arguing that it violates the First Amendment of the United States Constitution due to its vagueness and due process clause violation. The Court held that the First Amendment grants the right to exercise editorial discretion, thus giving social media platforms the right to moderate their content. Moreover, the jurisprudence shows that the states do not have a legitimate governmental interest in balancing the exchange of ideas among private speakers. Therefore, the Court ordered a preliminary injunction of the Bill.