The Computer & Communications Industry Association (CCIA) and NetChoice have refiled their complaint against Texas HB20, a law designed to regulate speech on social media platforms. The plaintiffs are seeking a permanent injunction, arguing that the law infringes upon federal law, including the Due Process Clause and the First Amendment of the U.S. Constitution.
In 2024, the Supreme Court remanded this legal challenge to a lower court in Texas, instructing further examination of its scope. The Court highlighted that social media websites' "editorial judgments influencing the content" constitute protected speech, as argued by CCIA and NetChoice. "Texas may not interfere with those judgments simply because it would prefer a different mix of messages," stated the Court.
The amended complaint asserts that HB20's must-carry provisions and its notice-complaint-appeal requirements force private companies to communicate in ways preferred by Texas, violating the First Amendment.
Stephanie Joyce, CCIA Senior Vice President and Chief of Staff, stated: “Operators of digital services have the First Amendment right to decide what content to display. These editorial choices are protected expression; no state can compel a private company to speak in a particular manner."
Joyce added: “Texas’s must-carry social media statute violates federal law in myriad ways. We look forward to a judgment in this case that strikes this unconstitutional abridgment of speech and reiterates the primacy of the First Amendment in the online ecosystem.”
The CCIA has been an advocate for free speech online for over 25 years.
