Opponents warn the Texas law would prevent platforms from removing content that, while not illegal, may be harmful. | via NPR
What's wrong with letting people sue if they believe they've been treated unfairly? Opponents warn the Texas law would prevent platforms from removing content that, while not illegal, may be harmful. On a conference call with reporters on Wednesday, Adam Kovacevich, CEO of the tech lobbying group Chamber of Progress, referred to theallegedly posted by the Buffalo gunman, which most tech platforms have blocked in the wake of the deadly shooting.
"What's clear in the wake of this tragedy is that we must be doing everything in our power to stop white supremacist ideologies like the replacement theory from further radicalizing Americans," Kovacevich said."But that is in direct conflict with this Texas law, which explicitly prevents social media platforms from taking down user content even when it promotes racism or terrorism." Moreover, the industry argues that the law violates the First Amendment by forcing social networks to host content to which they object. It"strips private online businesses of their speech rights, forbids them from making constitutionally protected editorial decisions, and forces them to publish and promote objectionable content," said Chris Marchese of NetChoice, one of the industry groups challenging the law."Left standing, Texas HB 20 will turn the First Amendment on its head — to violate free speech, the government need only claim to be 'protecting' it." Civil rights groups, which often complain social networks don't do enough to stop the spread of dangerous content, also are urging the Supreme Court to put the law on hold. If allowed to remain in effect,"chaos will ensue online with disastrous and irreparable consequences," said aThe law also would put the tech companies into a legally fraught situation, given speech laws in other countries, such as Germany's ban on Holocaust denial and the display of Nazi symbols, the brief argued.Texas urged the Supreme Court to keep the law in effect in its WednesdayThe law is"designed to guarantee all Texans equal access to the 'modern public square,' Texas Attorney General Ken Paxton wrote. He said Texas considers the social media companies common carriers —"the twenty-first century descendants of telegraph and telephone companies" — and therefore subject to government regulations aimed at promoting communications. Texas also rejected opponents' concerns that the law would force platforms to host objectionable and harmful content. "These predictions are unfounded," Paxton wrote. The law"allows the platforms to remove content: they merely must do so on a viewpoint-neutral basis," such as by creating rules against spam or pornography, he wrote. The bill also includes an exception for removing content that's illegal or incites violence, he said.The tech groups appealed to Justice Samuel Alito for the emergency ruling because he oversees the Fifth Circuit Court of Appeals. Alito could decide himself, or send the question to the full court. Whatever he decides, the lawsuit over the law's fundamental constitutionality will continue — and could itself end up in front of the Supreme Court.Copyright 2022 NPR. To see more, visit https://www.npr.org.
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