5th Circuit Gives Go Ahead to Controversial Texas Social Media Liability Law

5th Circuit Gives Go Ahead to Controversial Texas Social Media Liability Law

AUSTIN — A three-judge appeals panel ruled today that an extremely controversial new Texas law making online platforms liable for “viewpoint discrimination” can go into effect immediately.

The Fifth Circuit appeals panel, with jurisdiction over Texas, stayed a previous district court injunction that had put enforcement of Republican-masterminded state legislation HB 20 on hold.

The decision was communicated this afternoon without any explanation as to the court’s reasoning and with two of the judges remaining anonymous.

During a hearing on Monday, “the jurists appeared to struggle with basic tech concepts, including whether Twitter counts as a website,” tech news site Protocol reported today.

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,” Protocol continued. “Two tech trade groups that count the Big Tech companies as members had sued Texas over the law.”

Issues of content moderation, Section 230 immunity and free speech have raised the level of concern about laws such as Texas’ HB 20, as well as a similar Florida bill seeking to “punish private companies for their views and treatment of content” when such treatment is alleged to violate the First Amendment, Protocol reported.

The new law opens the way for lawsuits against online platforms accused of "viewpoint discrimination," an ill-defined term with dubious legal standing. It is mostly used by conservatives and the U.S. right wing, who claim they are being censored on social media — though some of the same politicians and right-wing activists advocating against what they call "corporate" censorship also demand a return to state-driven censorship of sexual expression via obscenity prosecutions, and consider LGBTQ+ content to be "pornography."

“Despite no prior history of courts and lawmakers treating social media as ‘common carriers’ the way phone companies are, and the clear Supreme Court precedent arguing against government interference with internet content, some conservatives have increasingly argued for treating platforms that host user-generated content similarly,” Protocol observed.

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Supreme Court Rules Against Adult Industry in Pivotal Texas AV Case

The U.S. Supreme Court on Friday issued its decision in Free Speech Coalition v. Paxton, striking a blow against the online adult industry by ruling in support of Texas’ controversial age verification law, HB 1181.

North Carolina Passes Extreme Bill Targeting Adult Sites

The North Carolina state legislature this week ratified a bill that would impose new regulations that industry observers have warned could push adult websites and platforms to ban most adult creators and content.

Supreme Court Ruling Due Friday in FSC v. Paxton AV Case

The U.S. Supreme Court will rule on Friday in Free Speech Coalition v. Paxton, the adult industry trade association's challenge to Texas’ controversial age verification law, HB 1181.

Ofcom: More Porn Providers Commit to Age Assurance Measures

A number of adult content providers operating in the U.K. have confirmed that they plan to introduce age checks in compliance with the Online Safety Act by the July 25 deadline, according to U.K. media regulator Ofcom.

Aylo Says It Will Comply With UK Age Assurance Requirements

Tech and media company Aylo, which owns various adult properties including Pornhub, YouPorn and Redtube, plans to introduce age assurance methods in the United Kingdom that satisfy government rules under the Online Safety Act, the company has announced.

Kyrgyzstan Parliament Approves Measure Outlawing Internet Porn

The Supreme Council of Kyrgyzstan on Wednesday passed legislation outlawing online adult content in the country.

Trial Set for Lawsuit by U Wisconsin Professor Fired Over Adult Content

A trial date of June 22, 2026, has been set for the civil lawsuit filed by veteran communications professor Joe Gow against the University of Wisconsin board of regents, which fired him for creating and appearing in adult content.

New UK Task Force Meets to Target Adult Content

The architect of an influential report that recommended banning adult content deemed “degrading, violent and misogynistic” has convened an “Independent Pornography Review task force” aimed at translating that report’s findings into action in the U.K.

11:11 Creations Launches Affiliate Program

11:11 Creations principal Alicia Silver has launched 11:11 Cash for creators and affiliates.

Pineapple Support, Pornhub to Host 'Self Love' Support Group

Pineapple Support and Pornhub are hosting a free online support group for performers to develop self-love.

Show More