For years, sites like Facebook and YouTube have broadly assumed that moderation decisions are protected by the First Amendment. But, last month, the Fifth Circuit Court of Appeals made a surprise ruling over Texas’ HB 20, a law that bans large apps and websites from moderating content based on “viewpoint.” The court ruled against NetChoice and the Computer & Communications Industry Association (CCIA) and let the law go into effect, sending the groups scrambling to file an emergency Supreme Court petition. That petition was granted — temporarily blocking the law but also offering a preview of a seemingly inevitable Supreme Court battle.
Content Moderation
Posted 06/8/2022
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