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Jay Sekulow

American attorney who serves as Chief Counsel at the American Center for Law & Justice (ACLJ)

Federal Judge Blocks Texas Social Media Law

September 22, 2021 By Mikel Leave a Comment

A Texas legislation that would have prohibited substantial social media companies from banning users based on their political views was halted by a federal court on Thursday. It is all in a bid to protect people’s viewpoints, emphasizing that everyone is entitled to their opinion.

Issuance of a preliminary injunction

After hearing arguments from two trade groups whose members run significant social media sites that the new rule would impact, U.S. District Judge Robert Pitman issued a preliminary injunction to both parties. It is the best action before going to trial while protecting the interests of both parties.

In his ruling on Wednesday, he noted that social media sites have a First Amendment right to censor the material they broadcast. He clarified that the platforms are privately owned and not part of any “common carriers” or public forums. They have a right to be discreet about what they post on their sites, which should not be compromised.

Application of the new law

Pitman pointed out that the rule would only apply to social media networks with at least 50 million monthly users in the United States, excluding platforms like Parler and numerous sports and news websites. Those with few users will not be affected by the rule and can go on about their business as usual.

In September, the Republican governor of Texas, Greg Abbott, signed the bill into law, allowing citizens to use social media firms and collect lawyers’ fees if they feel their views have been unfairly restricted. The law is put in place to allow users to voice their opinions without the sites censoring whatever they post. In case of an unfair restriction, citizens will have a chance to sue the social media firm and stand to be compensated. However, it only applies to circumstances where the user can prove that they have been restricted unfairly.

Every American should be allowed to voice their opinion

Suppressing conservative voices is “un-American,” “un-Texan,” and “soon to be criminal” in Texas, as he said on Twitter. The Republican governor did not hesitate to point out that every American has a right to post their views, and that should not be taken away from them. He categorized it to be nearly criminal. Part of the American culture is allowing everyone to be heard. It is something that you cannot take away from the people. Social media sites trying to restrict their user’s views are not practical, and Greg Abbott did not hesitate to issue a stun warning against it.

As early as mid-September, a class-action lawsuit was filed against the state, alleging that the statute in question violated many constitutional provisions, including the First Amendment, the commerce, and the equal protection clause.

Certain of the plaintiffs’ claims were supported by Pitman, who said in his ruling that some elements of the legislation were “prohibitively ambiguous.” He also referred to a federal judge’s decision in June to prohibit a similar bill in Florida from taking effect. As a result of this rule, social media corporations might face fines if they refuse political candidates seeking office in the state. One thing is sure, though. The freedom to voice their views should not be undermined, and with the new law in place, you can expect a rift with social media sites.

Filed Under: Law Tagged With: Law

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About Jay Sekulow

Jay Sekulow is the Chief Counsel of the American Center for Law and Justice (ACLJ). He is a renown lawyer with a passion for protecting religious liberty, freedom, and democracy.

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