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The big-name social media companies have all done a rather atrocious job of moderating user speech on their platforms. However, much like Florida’s similarly unconstitutional attempt to address the issue (S.B. 7072), Texas’ recently enacted H.B. 20 would make the matter worse for Texans and everyone else.
Signed into law by Governor Abbott last week, the Texas law prohibits platforms with more than 5 million users nationwide from moderating user posts based on viewpoint or geographic location. However, as we stated in our friend-of-the-court brief in support of NetChoice and the Computer & Communications Industry Associations lawsuit challenging Florida’s law (NetChoice v. Moody), “Every court that has considered the issue, dating back to at least 2007, has rightfully found that private entities that operate online platforms for speech and that open those platforms for others to speak enjoy a First Amendment right to edit and curate that speech.”
Inconsistent and opaque content moderation by online media services is a legitimate problem. It continues to result in the censorship of a range of important speech, often disproportionately impacting people who aren’t elected officials. That’s why EFF joined with a cohort of allies in 2018 to draft the Santa Clara Principles on Transparency and Accountability in Content Moderation, offering one model for how platforms can begin voluntarily implementing content moderation practices grounded in a human rights framework. Under the proposed principles, platforms would:
- Publish the numbers of posts removed and accounts permanently or temporarily suspended due to violations of their content guidelines.
- Provide notice to each user whose content is
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