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Judge Rejects yet Another Attempt by Texas to Police Online Speech


Everything’s bigger in Texas, including the legislature’s willingness to pass laws that clearly violate the First Amendment rights of websites. In the last three years, this is now the third law di…

Remember, Texas was one of the earliest states to pass a law that sought to block social media from moderating content, claiming that allowing websites to have such editorial control harmed the free speech rights of citizens. These requirements force providers to develop strategies to “prevent [a] known minor’s exposure to harmful material and other content that promotes, glorifies, or facilitates: (1) suicide, self-harm, or eating disorders; (2) substance abuse; (3) stalking, bullying, or harassment; or (4) grooming, trafficking, child pornography, or other sexual exploitation or abuse.” HB 18 § 509.053. As in Fitch, Paxton “has not shown that the alternative suggested by [Plaintiffs], a regime of providing parents additional information or mechanisms needed to engage in active supervision over children’s internet access would be insufficient to secure the State’s objective of protecting children.” 2024 WL 3276409, at *12.

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