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Appeals Court Rules Texas Social Media Law Can Proceed (protocol.com) 232

A three-person panel of federal appeals court judges is letting a Texas law aimed at punishing social media companies for alleged anti-conservative bias go into effect for now. From a report: In a ruling late Wednesday, the panel stayed a district court injunction that had paused the law while the judges consider an appeal of the lower court's move. The decision, which was supported by two unnamed judges and was not immediately published with the court's reasoning, comes after a Monday hearing in which the jurists appeared to struggle with basic tech concepts, including whether Twitter counts as a website.

The decision is a win for conservative critics of the current interpretation of tech law, which underlies the operations of social media platforms such as Twitter and Facebook. Two tech trade groups that count the Big Tech companies as members had sued Texas over the law. Until this week, industry observers widely expected the court to uphold a block on the law, which allows for lawsuits against social media services if they "censor" users. A different federal court also paused a similar Florida law, finding that it sought to punish private companies for their views and treatment of content in violation of the First Amendment. In court, Texas argued that it is merely trying to force platforms to carry all content the way phone companies are expected to carry all calls.

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Appeals Court Rules Texas Social Media Law Can Proceed

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  • by Patent Lover ( 779809 ) on Wednesday May 11, 2022 @08:45PM (#62524752)
    I guess Abbott will just inspect all packets going into Texas for anti-conservative bias.
    • Re:Good luck lol (Score:5, Interesting)

      by fahrbot-bot ( 874524 ) on Wednesday May 11, 2022 @09:38PM (#62524828)

      I guess Abbott will just inspect all packets going into Texas for anti-conservative bias.

      I'm sure that'll go as well as his truck inspections: What did Greg Abbott’s border inspections turn up? Oil leaks, flat tires and zero drugs [texastribune.org]:

      State troopers ordered by Gov. Greg Abbott to inspect every commercial truck coming from Mexico earlier this month — which clogged international trade with Mexico — found zero drugs, weapons or any other type of contraband, according to data released by the Department of Public Safety to The Texas Tribune.

      U.S. Customs and Border Protection routinely inspects commercial cargo coming from Mexico for illegal drugs and people being smuggled as soon as truckers cross the international bridges. CBP called Texas’ inspections duplicative and “unnecessary.”

    • That's the thing, nobody cares that much about actual conservatives. How high your hemline is, whether you wear open-toe shoes, if your hair touches your ears. What we care about is systematic racism, fatal misinformation, risk of international conflict, environmental disaster, contempt for disabilities, and an undeniable effort to reduce our more-or-less democracy to fuedalism.
  • by SlashDotCanSuckMy777 ( 6182618 ) on Wednesday May 11, 2022 @08:46PM (#62524754)

    So, Republicans / Republican appointed judges then.

    The companies should just cease operation in those states then. Bet conservatives would really start squealing then.

    • by fahrbot-bot ( 874524 ) on Wednesday May 11, 2022 @09:40PM (#62524836)

      Secret Texas judges passing (so far) unexplained judgement -- sounds like a third-world authoritarian dictatorship, like Florida... :-)

      • by raymorris ( 2726007 ) on Thursday May 12, 2022 @10:36AM (#62525932) Journal

        The judges are Southwick, Oldham, and Jones. You see that listed on literally any document filed in the case, on the court web site, anywhere you care to look.

        Just because one news story didn't list their names doesn't make them "secret judges". Geez.

      • by mjwx ( 966435 )

        Secret Texas judges passing (so far) unexplained judgement -- sounds like a third-world authoritarian dictatorship, like Florida... :-)

        Look, there's no way things in Texas are going to improve that much.

    • by sjames ( 1099 )

      On the bright side, we won't have to read/listen to the squealing.

    • How do they do that? Companies that do business over the Internet tend to observe the laws of all states specifically because it's hard to tell where the end user is located.

    • If by squirm you mean have better mental and physical health, then yeah, sure.

      Social media is toxic to the people who use it and to society at large.

      It would be a boon of deific proportions for Twitter, Facebook, and the rest of them to stop functioning within the Texas border.

    • > The companies should just cease operation in those states then

      They could do that. Or they could just do as the law requires:

      a) Make their content policy available on the site (kinda like their privacy policy?)
      b) Follow the policy they set

      I find it fascinating that liberals are SO freaked out about the idea of requiring companies to tell the truth, to let consumers know what their policy is.

  • by ThomasBHardy ( 827616 ) on Wednesday May 11, 2022 @08:47PM (#62524756)

    ...to refuse service to a gay couple who want a wedding cake

    But not the right to deny service to political misinformation!

    • ..on Twitter, he can be my guest. Suing that stupid cesspool of a site isn't a hill I feel like dying on. Though, considering that there are a lot of us LGBTQ+ folks, I'll be looking forward to my $3.14 class action check.

      Hell, I'll probably end up saving him the trouble and leave for whatever ends up replacing it after it starts sliding further down the alt-right rabbit hole. This is the thing conservatives fail to realize. Us "leftists" really don't give a fuck if we have to download a new app and sig

    • The Court didn't actually rule that. They dodged the issue with a ruling on narrow grounds that didn't address that question (they held Colorado had not been applying the law in a neutral manner). Another Circuit court found the opposite, that service couldn't be refused on those grounds, and SCOTUS denied review, so it stands as the highest ruling on the issue.
    • ...to refuse service to a gay couple who want a wedding cake

      No they don't. You only have the right to refuse a request to make something custom (i.e. artistic expression). If you go into a Christian baker and say "I want that cake" pointing to the one with a price tag on it "and I will eat it while I my fucking my gay husband on a bed during a bible burning session" they can't refuse to sell it to you.

      • "they can't refuse to sell it to you"

        Actually most places can refuse service to anyone at any time. The law doesn't compel regular businesses to transact with specific individuals.

        There's an inherent flaw in the concept. "No shoes, no shirt, no service" and no one gets upset. Refuse someone on a more personal basis and it gets a lot more complicated really fast.

    • ...to refuse service to a gay couple who want a wedding cake

      But not the right to deny service to political misinformation!

      Private Business = Your Own Rules it's not just a good idea, it's the Constitution

  • by goombah99 ( 560566 ) on Wednesday May 11, 2022 @08:52PM (#62524764)

    So if this is passed then can someone (my friend) post non stop bestiality porn and death threats after every tweet by ted cruz and not be blocked ?

    • I think you've got your political left and right the wrong way around, mate. What you described above would fall on the left, libertarian side of the spectrum. Conservative = right.

    • Sending death threats to Ted Cruz?

      He'd be looking at that and thinking "Pfft, these lightweights haven't even strangled a backpacker yet or sent the cops a cryptic cypher puzzle. Who do they think they messing with?"

  • Ah yes (Score:5, Informative)

    by ArchieBunker ( 132337 ) on Wednesday May 11, 2022 @08:52PM (#62524766)

    The party of small government and free speech strikes again. Help we're being oppressed! Says the most over represented political party.

  • Consequences (Score:5, Interesting)

    by dskoll ( 99328 ) on Wednesday May 11, 2022 @08:57PM (#62524774) Homepage

    So, are they going to force Parler and Truth Social to carry BLM messages and left-wing advocacy?

    • Re:Consequences (Score:5, Insightful)

      by SlashDotCanSuckMy777 ( 6182618 ) on Wednesday May 11, 2022 @09:11PM (#62524800)

      Rules for Thee, but not for Me.

    • In Florida the social media bad explicitly excused Disney. The Texas law requires 59 million users. The lame conservatives site have a most a million. This is targeted to punish Facebook and twitter.

      The law is invalid because of nonsense words. It allows. Even demands a clear TOS but then allows users to sue when it is enforced.

      Then of course there is the matter of payment. The Texas governor got rich by suing some trees that fell on when when he was continently running through a wealthy neighborhood he

    • Truth Social may well just be another one of Trump's financial scams, so maybe they won't need to bother.
    • No silly! The first amendment protections only apply to conservatives. Next thing you know, you'll be saying that using chalk on a sidewalk isn't the same level of threat as using a gun to murder a doctor in a church!

      Remember, rights for Republicans (and their minions) Guantanamo for all not Republican protesters
  • So in order to counter bias they will force untruth as non biased.

    Gotcha.

  • In court, Texas argued that it is merely trying to force platforms to carry all content the way phone companies are expected to carry all calls.

    Way to misunderstand the difference between a conduit and a platform.

    Platforms aren't expected to carry all content. You may be familiar with this concept as it applies to more traditional mediums, such as print publishing, radio, and broadcast television.

    Conduits consist of the companies that provide connectivity to platforms. Last I checked, Truth Social and various other right-wing platforms are still online.

  • So they want websites classed as common carriers, but not the ISPs?
  • Bears repeating that common carrier should be applied to the ISPs, not the gossipy web channels. Regulate service, not content

  • a Monday hearing in which the jurists appeared to struggle with basic tech concepts, including whether Twitter counts as a website

    Once again, we see jurists ruling on shit about which they know nothing. Why does this happen? It's almost like ancient white men creating laws about womens' bodies - again, something about which they know nothing.

  • New popup (Score:5, Interesting)

    by Opportunist ( 166417 ) on Thursday May 12, 2022 @04:25AM (#62525232)

    "Unfortunately Texas has a law that we cannot comply with. By clicking "I'm not from Texas" you declare that you're not from Texas and hence that the law doesn't apply between us"

  • No one can silence their blubbering now.
  • to uphold a block on the law, which allows for lawsuits against social media services if they "censor" users.

    Why the scare quotes around "censor"?

    You may like the censorship, you may think it's a great idea, you may think it intrinsically legal, useful, and good ... whatever ... but it still is in fact the act of censoring. Why not juts own it for what it is?

    (And yes, I know that "quoting" one word that was actually written so that it's technically a quote instead of a scare quote is a thing ... but it doesn't change my question. You know perfectly well the intent.)

  • The decision, which was supported by two unnamed judges

    And here are two judges who like too many modern conservatives either don't understand or don't give a toss about the 1st amendment. Forcing companies to host content they don't want to is not protecting free speech.

  • alleged anti-conservative bias

    This is such nonsense.

    These are the consistent top pages on Facebook, day after day -

    - Breitbart

    - Dan Bongino

    - The Federalist Papers

    - Ben Shapiro

    - Franklin Graham

    "Bias?" Really? When those pages rank highest?

    • That only proves that the USERS are biased to the right. As to how the management is biased, you need to look at what they censor or fact-check.

  • I guess I'll move to Texas, act like a douche on all my online accounts, and sue all the online game companies, online message boards/forums, and social media companies that ban me. You can take my life, but you can never take my frozen peaches!
  • Twitter and other platforms that consist nearly 100% of user-provided content should be regulated as common carriers, like the landline telephone company. That would fix everything. This is a mistake that was made to keep AOL happy back in the day.

The question of whether computers can think is just like the question of whether submarines can swim. -- Edsger W. Dijkstra

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