As Big Tech tried to block the state’s ban on content moderation, Texas leaned on the US Supreme Court justice’s interpretation of free speech law.
to reinstate the injunction to prevent Texas from enforcing the law while litigation continues.
"Amici states have a strong interest in defending the regulatory authority of sovereign states in this area," the Florida brief said. "Indeed, many states have enacted, or are considering, laws that resemble Texas's and Florida's laws, and believe that the Fifth Circuit was correct to stay the district court's injunction pending appeal."
Texas claimed that social networks can't rely on a right to "editorial discretion" because the "platforms have spent years disclaiming responsibility for or editorial control over the content generated by their users." Texas also argued that an "entity does not exercise 'editorial discretion' by controlling communications between third parties.
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