Texas Social Media Law Put on Hold Pending Supreme Court Review

A federal appeals court put on hold a Texas law banning some forms of content moderation on social media while a trade group representing industry giants petitions the US Supreme Court to review its challenge.

Although the 5th US Circuit Court of Appeals previously upheld the Texas law and said it could be implemented, the court on Wednesday granted a late September request from the social-media platforms to block enforcement of the measure while they appeal the case to the high court.

Internet publishers including Meta Platforms Inc. and Twitter Inc. argued they expected the US Supreme Court to agree to hear their challenge and that there is a “significant possibility” the justices will find the Texas law unconstitutional.

The law prohibits social-media companies with more than 50 million users from discriminating on the basis of viewpoint. Tech groups have opposed the law, arguing that it is unconstitutional and prevents platforms from removing hate speech and extremism.

The social-media companies claim they’ll have to spend billions of dollars to make changes to content moderation on their platforms if the law goes into effect and asked the appeals court to preserve the status quo while the case proceeds.

Texas previously agreed to the delay, assuming the media groups quickly file an appeal. A similar Florida law is presently on hold pending potential Supreme Court review

The case is Netchoice v Paxton, 21-51178, US Court of Appeals for the Fifth Circuit (New Orleans).