The Fifth Circuit U.S. Court of Appeals reversed a lower court ruling blocking a Texas law that prevents social media platforms from removing political posts. The reinstated law allows individuals or the Teas attorney general to sue social media platforms for removing political content. The platforms have been under pressure to remove lies and hateful and violent content. (The New York Times, September 16, 2022, by David McCabe)
Mike Masnick in Techdirt, September 16, 2022, argues that the Fifth Circuit ruling tramples the First Amendment rights of the social media companies to install their own editorial practices. “Under this ruling,” writes Masnick, “any state in the 5th Circuit could, in theory, mandate that news organizations must cover certain politicians or certain other content. It could, in theory, allow a state to mandate that any news organization must publish opinion pieces by politicians. It completely flies in the face of the 1st Amendment’s association rights and the right to editorial discretion.”
Ilya Somin in Reason, September 17, 2022, further argues that the Texas law violates the Takings Clause of the Fifth Amendment the prevents the government from taking private property without compensation. In this case, the law attacks the right to exclude. upheld in the 2021 Supreme Court ruling in Cedar Point Nursery v. Hassid.
One Comment
Sorry unbridled “editorial discretion” does not permit social media platforms to serve as a public forum fulfilling a quasi-public function [Pruneyard Shopping Ctr. v. Robins, 447 U.S. 74 (1980)] while reaping billions of dollars from those who hide behind Citizens United and yet claim they are beyond the reach of First Amendment protection for those who choose to partake in the marketplace of ideas. See https://www.counterpunch.org/2022/09/16/twitter-platform-of-exchange-vehicle-of-duplicity/
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