In a 5-4 decision, the U.S. Supreme Court vacated the U.S. Court of Appeals for the Fifth Circuit’s stay of a temporary injunction in NetChoice, LLC v. Paxton, a closely watched case involving a novel Texas law purporting to bar “social media platforms” from engaging in “viewpoint” discrimination. The majority did not issue a written opinion, but Justice Samuel Alito authored a dissent that was joined by Justice Clarence Thomas and Justice Neil Gorsuch. The May 31, 2022, ruling is a win for the world’s largest online social media platforms, albeit a temporary one. The decision reinstates a temporary injunction barring the Texas attorney general from enforcing the Texas law, known as H.B. 20. The decision does not prevent users from suing covered platforms under H.B. 20’s private right of action.

This update summarizes the Texas law, the history of the litigation leading to the Supreme Court’s decision, and the Supreme Court’s decision yesterday. It also briefly forecasts the near future for state and private enforcement of H.B. 20.

Read the full update here.

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Photo of Ryan Mrazik Ryan Mrazik

Ryan represents online communications and storage providers on their core legal issues: user data privacy, content moderation, platform integrity, and privacy litigation. He works with the largest online technology companies as well as startups to help them protect themselves, their users, and their…

Ryan represents online communications and storage providers on their core legal issues: user data privacy, content moderation, platform integrity, and privacy litigation. He works with the largest online technology companies as well as startups to help them protect themselves, their users, and their data; promote free speech and expression; and stop child and victim exploitation.

Photo of Ryan Spear Ryan Spear

Ryan Spear counsels some of the world’s most innovative companies on cutting-edge privacy and security issues.