Federal Court Against Big Tech, Social Media Companies Do Not Have ‘Right’ To Censor’

Freeing the public square is essential. Freedom of speech is the foundation of a free society. Without it, a tyrant can wreak havoc unopposed, while his opponents are silenced.

Putting up with being offended is essential in a pluralistic society in which people differ on basic truths. If a group will not bear being offended without resorting to violence, that group will rule unopposed while everyone else lives in fear, while other groups curtail their activities to appease the violent group. This results in the violent group being able to tyrannize the others.

If speech that offends a group is outlawed, that group has absolute power, and a free society is destroyed. A group that cannot be criticized cannot be opposed. It can work its will no matter what it is, and no one will be able to say anything to stop it.

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Inoffensive speech needs no protection. The First Amendment was developed precisely in order to protect speech that was offensive to some, in order to prevent those who had power from claiming they were offended by speech opposing them and silencing the powerless.

A free society is by its nature one in which people put up with others being uncivil and offensive. The alternative is a quiet authoritarian society in which only one opinion is allowed and the others are silenced, and ultimately sent to the camps.

Federal Court Upholds Texas Social Media Bill, Rules Corporations Do Not Have ‘Right’ To Censor’

By: Trevor Schakohl, Daily Caller, on September 17, 2022

The U.S. Fifth Circuit Court of Appeals preserved Texas state law Friday that would stop large social media platforms from restricting particular opinions.

Texas’ HB 20 was signed last year and generally prohibits platforms with over 50 million monthly U.S. users from censoring them based on their viewpoints. The Computer Communications Industry Association (CCIA) and the NetChoice organization, representing social media companies, argued that aspects of the law were unconstitutional but failed to convince the court.

“In urging such sweeping relief, the platforms offer a rather odd inversion of the First Amendment,” the court’s majority decision said. “That Amendment, of course, protects every person’s right to ‘the freedom of speech.’ But the platforms argue that buried somewhere in the person’s enumerated right to free speech lies a corporation’s unenumerated right to muzzle speech.”

The appeals court must give the district court that previously decided the case written instructions for the law to become effective, according to Politico. A 5-4 May U.S. Supreme Court ruling had halted the law from going into force after an emergency request by the CCIA and NetChoice.

Appealing Texas Attorney General Ken Paxton celebrated the circuit court’s decision Friday, tweeting, “#BigTech CANNOT censor the political voices of ANY Texan! The 5th Circuit ‘reject[s] the idea that corporations have a freewheeling First Amendment right to censor what people say.”

CCIA President Matt Schruers decried the ruling, stating, “Forcing private companies to give equal treatment to all viewpoints on their platforms places foreign propaganda and extremism on equal footing with decent Internet users, and places Americans at risk,” according to The Hill.

The Supreme Court could still be asked to directly consider the law’s validity, the outlet reported.

In May, the 11th Circuit Court of Appeals upheld a block on enforcing parts of Florida Senate Bill 7072, which would require social media platforms to explain the reasons for individual acts of supposed censorship, deplatforming and shadow banning and stop them from censoring a “journalistic enterprise based on the content of its publication or broadcast,” according to The National Law Review.

“We are disappointed that the Fifth Circuit’s split decision undermines First Amendment protections and creates a circuit split with the unanimous decision of the Eleventh Circuit,” NetChoice Vice President and General Counsel Carl Szabo said in a Friday press release. “We remain convinced that when the U.S. Supreme Court hears one of our cases, it will uphold the First Amendment rights of websites, platforms, and apps.”

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