NetChoice Opposition to Texas SB 5

NetChoice opposes SB 5, primarily because it would be set aside because it violates the First Amendment of the US Constitution.

But if SB 5 were to somehow be enforceable, it would produce consequences its sponsors and conservatives would abhor:

• Exposes social media platforms to lawsuits for removing harmful content.
• Makes it more difficult for social media platforms to block SPAM messages.
• Violates conservative principles of limited government and free markets.

In the attached testimony, we explain why SB 5 would be set aside for violating the First Amendment.  Then, we describe the unintended but likely consequences if the law were to survive constitutional challenges.