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UPDATE: 9/19/2022 - On Sept. 16, 2022 the US Fifth Circuit Court of Appeals reversed the previous injunction and remand for further proceedings. The court ruled that HB 20 is not unconstitutional as the plaintiffs, NetChoice, LLC, argue.
The ruling states in part:
In urging such sweeping relief, the platforms offer a rather odd inversion of the First Amendment. That Amendment, of course, protects every person’s right to “the freedom of speech.” But the platforms argue that buried somewhere in the person’s enumerated right to free speech lies a corporation’s unenumerated right to muzzle speech.
Today we reject the idea that corporations have a freewheeling First Amendment right to censor what people say. Because the district court held otherwise, we reverse its injunction and remand for further proceedings.
See full text of the ruling here.
UPDATE: 12/2/2021 - A federal judge on Wednesday, 12/1/2021, blocked a Texas law that seeks to restrict how social media companies moderate their content and was championed by Republicans who say the platforms are biased against conservatives. See news article - https://www.kxan.com/news/texas-politics/federal-judge-blocks-texas-law-that-would-stop-social-media-firms-from-banning-users-for-a-viewpoint/
UPDATE: 9/10/2021 - Signed by the Governor on 9/9/2021 in the second special session
HB 20 prevents social media companies with more than 50 million monthly users banning users simply based on their viewpoints. The law also requires sites must disclose their content management and moderation policies, implement a complaint and appeals process for content they remove, and provide a reason for the removal and a review of their decision. The law prohibits email service providers from impeding the transmission of email messages based on content. A user could bring an action against a social media platform that violated the bill with respect to the user. A user that proved a violation would be entitled to recover declaratory relief, including costs and reasonable attorney's fees, and injunctive relief. The attorney general can also take action.
UPDATE: 9/6/2021 - Sent to the Governor on 9/3/2021
UPDATE: 9/3/2021 - HB 20 passed both the House and Senate on 9/2/2021. Enrolled version - https://capitol.texas.gov/tlodocs/872/billtext/pdf/HB00020F.pdf#navpanes=0
HB 20 is a bill that addresses censorship of or certain other interference with digital expression, including expression on social media platforms or through electronic mail messages. This bill is sponsored by Rep. Cain and has multiple joint authors and co-sponsors.
The bill passed the House Constitutional Rights and Remedies Committee on 8/19/2021 and is waiting to be heard in the full House.
https://capitol.texas.gov/BillLookup/History.aspx?LegSess=872&Bill=HB20 - text, status and history for HB 20
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