Constitutional Limitations on State Social Media Regulations

This opinion from the Texas Attorney General analyzes the First Amendment issues raised by state laws regulating social media platforms, in light of the Supreme Court's decisions in Moody v. NetChoice (2024) and related cases. It examines whether content moderation constitutes protected editorial discretion.

The opinion discusses Texas HB 20, which prohibits large social media platforms from censoring users based on viewpoint, and the facial challenge framework applied by the Supreme Court. It analyzes the distinction between regulating platforms' hosting decisions and requiring transparency in content moderation practices.

The opinion provides guidance on which provisions of state social media regulation are likely to survive First Amendment scrutiny, including transparency and disclosure requirements, while acknowledging that restrictions on editorial discretion face significant constitutional obstacles.