Internet platforms have a First Amendment right to curate content and decide whether to host specific instances of speech as they see fit. HB 20 does not prevent censorship but empowers the state of Texas to police and control speech online, overriding the First Amendment rights of online businesses.
The law also tramples the First Amendment by allowing the government to force private businesses to host speech they don’t want to and discriminates against specific speakers by only targeting businesses over a certain size.
NetChoice Experts on HB 20
Chris Marchese
Nicole Saad Bembridge
Carl Szabo
Court Filings
- NetChoice and CCIA’s complaint.
- NetChoice and CCIA v. Paxton Civil Cover Sheet
- NetChoice and CCIA v. Paxton Exhibit A
District Court
- NetChoice and CCIA’s motion to the District Court.
- Plaintiffs’ unopposed motion for leave to file over-length motion for preliminary injunction.
- Court’s grant of plaintiffs’ unopposed motion.
- NetChoice’s Declaration
- CCIA’s Declaration
- Third-party support of the motion for preliminary injunction:
- Declaration from YouTube
- Declaration from Facebook
- Declaration from LGBT Technology Institute
- Declaration from Stop Child Predators
- Declaration from Technology Network
- District court ruling, granting the Preliminary Injunction.
Fifth Circuit Court
- The State of Texas’ Opening Brief in 5th Circuit appealing the District Court’s ruling on the preliminary injunction.
- NetChoice & CCIA Opening Brief
- Amicus Brief by Hon. Chris Cox, Author of Section 230
- NetChoice & CCIA’s Response to Texas’ Opening Brief
- Texas’s Response to NetChoice & CCIA’s Opening Brief
- The Fifth Circuit’s Order.
Emergency Request to SCOTUS
- NetChoice and CCIA filing to SCOTUS
- Amicus briefs in support of NetChoice & CCIA’s request. Please view this page to see a full summary of all the briefs:
- Chamber of Progress
- TechFreedom *please note this filing contains real examples of vile content that HB 20 protects from moderation*
- Reporters Committee for Freedom of the Press
- Cato Institute
- Center for Democracy & Technology & Electronic Frontier Foundation
- Honorable Christopher Cox
- Eric Goldman
- Copia Institute
- The State of Texas’ brief in opposition to NetChoice and CCIA’s request.
- The state of Florida’s amicus brief supporting the State of Texas.
- NetChoice and CCIA’s response to Texas’ brief.
- The ruling from SCOTUS.
The Fifth Circuit reversed the preliminary injunction in this ruling but agreed to NetChoice & CCIA’s request to stay the motion pending cert from SCOTUS.
- NetChoice & CCIA petitioned the Supreme Court to hear NetChoice v. Paxton.
- Texas response to NetChoice’s petition for certiorari.
- NetChoice Reply Brief.
- Solicitor General’s brief.
- Texas reply to Solicitor General’s brief.
- NetChoice reply to Solicitor General’s brief.
- On 9/29/23, SCOTUS granted Cert in NetChoice v. Paxton.
- On 9/29/23, SCOTUS granted Cert in NetChoice v. Paxton.
- NetChoice merits brief in Paxton.