NetChoice, LLC v. Paxton
Issues
Does Texas House Bill 20 restrict social media platforms’ content screening policy in a manner that violates the First Amendment?
This case addresses whether Texas House Bill 20, which prohibits social media platforms from censoring users’ expressions, violates the First Amendment. NetChoice, the petitioner, argues that social media platforms need not display all user-submitted content because they are not common carriers that may not selectively disseminate speech. NetChoice further contends that the bill is a content-based regulation of speech that interferes with social media platforms’ editorial discretion, without achieving any compelling state interest. Texas counters that social media platforms are common carriers that must host all users’ speech because they provide equal and open-access services to users. Texas also contends that the bill preserves social media platforms’ right to express their views on posted content, and neutrally applies to all user expressions irrespective of their content because it only permits removing content outside of First Amendment protection. This case will significantly impact social media corporations and state governments because it determines the extent of latitude big social media corporations have in implementing content mediation policy.
Questions as Framed for the Court by the Parties
Whether the First Amendment prohibits viewpoint-, content-, or speaker-based laws restricting select websites from engaging in editorial choices about whether, and how, to publish and disseminate speech — or otherwise burdening those editorial choices through onerous operational and disclosure requirements.
The Texas state legislature passed House Bill 20 (“HB 20”) on September 9, 2021, prohibiting large social media platforms from censoring users based on their viewpoints. NetChoice, LLC v.
Additional Resources
- Knight First Institute, Moody v. NetChoice & NetChoice v. Paxton.
- Cameron Abrams, Texas Social Media Law Added to U.S. Supreme Court Docket, The Texan (Oct. 3, 2023).
- Natasha Singer, Silicon Valley Battles States Over New Online Safety Laws for Children, The New York Times (Jan. 31, 2024).