Federal Court Blocks Texas Law Seeking to Restrict Social Networks’ Right to Ban Users

By‎ Adv. Haim Ravia

Partner, Chair of the Cyber, Privacy & Copyright Group at Pearl Cohen Zedek Latzer Baratz

By‎ Adv. Dotan Hammer

Partner at the Cyber, Privacy & Copyright Group, Pearl Cohen Zedek Latzer Baratz

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A U.S. federal district court in Texas held that “social media platforms have a First Amendment right to moderate content disseminated on their platforms” and issued an order temporarily blocking the State of Texas from enforcing a state law that seeks to prohibit social platforms from banning users.

The state law was signed by the Governor of Texas in September and was due to take effect in December. The law targeted social media companies with more than 50 million monthly users, aiming to prohibit them from banning users based on their political views.

The court’s preliminary injunction was granted on a petition filed by two industry associations. The court’s decision explains that social media platforms, who are privately owned and are not “common carriers”, have the right to use their editorial discretion.

NetChoice, Inc. v. Paxton, 2021 WL 5755120 (W.D. Tex. Dec. 1, 2021)