Texas defends HB20 as an antidiscrimination law
Ken PaxtonTexas Attorney General, through counsel in his official capacity
Texas defends HB20 as an antidiscrimination and disclosure law and disputes treating covered platform decisions as the platforms' own expression.
“The Fifth Circuit correctly held, however, that HB20 regulates the platforms’ conduct, not their expression.”
Original text
Original text
Where this statement fits
NetChoice challenges Florida and Texas social-media moderation laws
Florida and Texas enacted restrictions on social-media moderation in 2021. Texas defends HB20 as an antidiscrimination law; NetChoice argues it compels private speech. The Supreme Court sent both cases back in 2024. The later rulings described here do not establish the laws' present enforceability.
Source and context
Original text
About this source
Texas defends HB20 as an antidiscrimination and disclosure law and disputes treating covered platform decisions as the platforms' own expression.
Archived copy (opens in a new tab)Original text
About this source
The Court vacates and remands both judgments, requires proper facial-challenge analysis, and explains constitutional protection for editorial selection of expressive feeds.
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Texas's brief says HB20 bars discrimination based on geography, association or viewpoint.
After the quotation
The brief presents the State's defense; the Supreme Court later vacated and remanded the appellate judgments.
How this statement is classified
The label describes this statement's response within the context above.
Why this label?
The issue is Florida SB7072 and Texas HB20 restrictions on platform content moderation. Texas expressly defends the restrictions on platform moderation under scrutiny.
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More from this case
Read the full caseNetChoice and CCIA argue HB20 violates the First Amendment
NetChoice
“Texas House Bill 20 (“HB20”) is an extraordinary assertion of governmental power over expression that violates the First Amendment in multiple ways.”Read statement
Abbott signs HB20 and defends viewpoint protections
“proud to sign House Bill 20 into law to protect first amendment rights in the Lone Star State”Read statement
DeSantis signs Florida's moderation law and defends its protections
“If Big Tech censors enforce rules inconsistently, to discriminate in favor of the dominant Silicon Valley ideology, they will now be held accountable.”Read statement
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The Dispute Index. "Texas defends HB20 as an antidiscrimination law". First published: 2026-10-16. Last updated: 2026-10-16. https://disputeindex.com/events/5824-texas-defends-hb20-as-an-antidiscrimination-and-disclosure