Texas Supreme Court Upholds the Ban on Censorship by Tech Companies

Texas has been trying to defend a controversial law ban on censorship by Tech companies from moderating content based on viewpoints for the past year. The Supreme Court blocked the law in May. However, this did not seem to resolve the issue. The 5th Circuit Court of Appeals reversed a Texas court's decision to block it and ruled that Texas law be upheld. The Washington Post reported. The Post reports that because the opinions of two circuit courts differed, the ruling "likely sets up a Supreme Court battle over online speech." The 5th Circuit Court's decision could be a persuasive argument for other states to adopt similar laws. Trump-nominated Judge Andrew Stephen Oldham joined two conservative judges in ruling that corporations cannot use "muzzle speech" protections under the First Amendment. John Bergmayer (the legal director of Public Knowledge, a public interest group that defends online consumer rights) provided a statement to Ars indicating that the 5th Circuit Court may have erred. Bergmayer stated that the Fifth Circuit ignored decades of Supreme Court precedent and First Amendment precedent to reach an apparent politically motivated decision that could have devastating consequences if not reversed immediately. The Post reported that tech industry representatives oppose the latest decision to uphold Texas law and are considering appealing on the ban on censorship. Matt Schruers is the president of the Computer & Communications Industry Association. He has been a vocal opponent of Texas law. The Post quotes him as saying that the ruling is "Orwellian" because it gives the government the power to dictate what businesses should say, all in the name of protecting free speech. Schruers stated that Texas law forces private companies to distribute harmful content, ranging from terrorist incitement to foreign propaganda. This puts Americans at risk. Bergmayer stated that the verdict could result in platforms losing their ability to stop spreading hate speech, abuse, and misinformation. Moreover,  Bergmayer said, "Platforms must be regulated in many ways, but rulings such as this set back serious efforts to protect online consumers."