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 © 2026 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

AV Bulletin: Loopholes and Lawsuits

This roundup provides an update on the latest news and developments on the age verification front as it impacts the adult industry.

Utah 'Porn Tax' Bill Will Head to Governor's Desk

A bill that would tax adult websites and make them liable if minors circumvent geolocation has passed the Utah state legislature and will soon head to the office of Gov. Spencer Cox for signature or veto.

Flirt4Free Co-Founder Gregory Clayman Passes Away

Gregory Clayman, a pioneering figure in the live cam sector and cofounder of the long-running webcam platform Flirt4Free, has passed away.

Pornhub to Restrict Access in Australia as AV Rules Take Effect

Pornhub parent company Aylo will restrict access to its free video-sharing platforms in Australia in response to new age verification regulations, the company confirmed Thursday.

ASACP Announces F2F as 1st Gold Sponsor

The Association of Sites Advocating Child Protection (ASACP) has announced Friends2Follow (F2F) has upgraded its sponsorship and become the organization’s first Gold Sponsor.

House Committee Approves Online Safety Bill With Federal AV Requirement

The U.S. House of Representatives Committee on Energy and Commerce on Thursday passed the Kids Internet and Digital Safety (KIDS) Act, which includes provisions to make age verification by adult websites federal law.

Segpay Adds 'Pay by Bank (UK)' Payment Solution

Segpay has added the Pay by Bank (UK) option to its direct payments solutions.

Federal Judge Orders Refunds for Companies That Paid Trump Tariffs

A judge for the U.S. Court of International Trade on Wednesday ordered U.S. Customs and Border Protection to refund duties paid under the Trump administration’s sweeping program of tariffs.

Creator Verification Platform 'VerifiedCollab' Launches

Performer Eli Thomas has launched VerifiedCollab, a verification platform for creators and producers.

House Committee to Weigh Online Safety Bill With Federal AV Requirement

The U.S. House of Representatives Committee on Energy and Commerce will meet Thursday to consider and potentially amend the Kids Internet and Digital Safety (KIDS) Act, which includes provisions to make age verification by adult websites federal law.

Show More