The US Supreme Court Tuesday temporarily blocked a Texas social media law in a 5-4 vote. The law, Texas House Bill 20 (HB20), prohibits social media platforms from censoring users “based on viewpoint” and requires them to release biannual transparency reports. While the majority did not give their reasoning, Justice Samuel Alito and two other justices dissented. Justice Elena Kagan voted against the ruling but did not join Justice Alito’s dissent.
The Applicants alleged that HB20 “interferes with their exercise of ‘editorial discretion,’ and they maintain that this interference violates their right ‘not to disseminate speech generated by others.'”
Justice Alito wrote that HB20 is “ground-breaking” and “of great importance” due to the fact that it “addresses the power of dominant social media corporations to shape public discussion of the important issues of the day.” His dissent also stated that the court’s decision to block HB20 is “a significant intrusion on state sovereignty, and Texas should not be required to seek preclearance from the federal courts before its laws go into effect.”
The law will remain blocked until the US Court of Appeals for the Fifth Circuit decides whether the law is constitutional or not.