5th Circuit Gives Go Ahead to Controversial Texas Social Media Liability Law

5th Circuit Gives Go Ahead to Controversial Texas Social Media Liability Law

AUSTIN — A three-judge appeals panel ruled today that an extremely controversial new Texas law making online platforms liable for “viewpoint discrimination” can go into effect immediately.

The Fifth Circuit appeals panel, with jurisdiction over Texas, stayed a previous district court injunction that had put enforcement of Republican-masterminded state legislation HB 20 on hold.

The decision was communicated this afternoon without any explanation as to the court’s reasoning and with two of the judges remaining anonymous.

During a hearing on Monday, “the jurists appeared to struggle with basic tech concepts, including whether Twitter counts as a website,” tech news site Protocol reported today.

The decision is “a win for conservative critics of the current interpretation of tech law, which underlies the operations of social media platforms such as Twitter and Facebook,” Protocol continued. “Two tech trade groups that count the Big Tech companies as members had sued Texas over the law.”

Issues of content moderation, Section 230 immunity and free speech have raised the level of concern about laws such as Texas’ HB 20, as well as a similar Florida bill seeking to “punish private companies for their views and treatment of content” when such treatment is alleged to violate the First Amendment, Protocol reported.

The new law opens the way for lawsuits against online platforms accused of "viewpoint discrimination," an ill-defined term with dubious legal standing. It is mostly used by conservatives and the U.S. right wing, who claim they are being censored on social media — though some of the same politicians and right-wing activists advocating against what they call "corporate" censorship also demand a return to state-driven censorship of sexual expression via obscenity prosecutions, and consider LGBTQ+ content to be "pornography."

“Despite no prior history of courts and lawmakers treating social media as ‘common carriers’ the way phone companies are, and the clear Supreme Court precedent arguing against government interference with internet content, some conservatives have increasingly argued for treating platforms that host user-generated content similarly,” Protocol observed.

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Adult Industry Educational, Networking Platform 'Imperfectly You' Launches

Imperfectly You, an educational and networking platform for adult industry workers, has officially launched.

Segpay to Launch News Network for High-Risk Merchants

Segpay has announced that it will launch the Segpay News Network (SNN) on April 15.

Age Verification Watch: Patching the Holes

This roundup provides an update on the latest news and developments on the age verification front as it impacts the adult industry.

Pineapple Support to Host Autism Spectrum Support Group

Pineapple Support is hosting a free online support group for performers and creators who are, or suspect they may be, on the autism spectrum.

ImLive Launches Revamped Member Loyalty Program

Cam platform ImLive has revamped its member loyalty program.

GoFundMe Set Up for Danny Ferretti's Medical Expenses

A GoFundMe campaign has been set up for Fangear founder Danny Ferretti, who requires extensive lung surgery.

Byborg Acquires Cuties AI

Byborg Enterprises has acquired adult artificial intelligence startup Cuties AI.

Irish Government Releases Report on Sex Work Decriminalization Legislation

The Irish government has released a report reviewing a 2017 law that decriminalized sex work across the country.

Texas Bill Would Require Age Verification for Online Sex Toy Sales

A new bill in the Texas state legislature would require online retailers to implement age verification of purchasers before selling “obscene devices” to anyone in that state.

New York Assemblyman Proposes Banning the Term 'Sex Work'

Republican New York Assembly Member Brian Maher has introduced a bill to prohibit the use of the term "sex work" in government documents.

Show More