In the injunction awarded in December, District Court Judge Robert Pitman wrote that “social media platforms have a First Amendment right to moderate content disseminated on their platforms.”
In granting the injunction, Pitman wrote that the plaintiffs had shown the “likelihood of success on the merits” of the case, noting several constitutional flaws in the statute, including its vagueness, overbreadth and discrimination “based on content and speaker.”
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On Wednesday, without a word of explanation, the nation’s most radical appeals court reinstated a Texas law that imposes sweeping censorship on social media companies. The statute—which Republicans passed in retaliation against the perceived liberal bias of “Big Tech”—forces these companies to disseminate hateful expression, dangerous misinformation, and foreign propaganda, among other objectionable speech.