Netchoice and the computer communications industry association have appealed to the Supreme Court for an emergency stay of the Texas social media law known as HB 20. The law creates liability for content moderation decisions based on’the viewpoint of the user or another person’.

The first amendment prohibits Texas from forcing online platforms to host and promote foreign propaganda, pornography, pro-Nazi speech, and spam.

Three-Judge panel on the fifth circuit seemed to be confused about the basic terms being used. One judge seemed to think that Twitter was not a website, and another seemed to believe there was no difference between a phone company like Verizon and a social media company like Facebook or Facebook.

Netchoice won a similar case in Florida last year, making the constitutional issues in this case even more pressing to address. Netchoice won the same case last year.

Netchoice’s emergency stay request will be reviewed by justice Samuel Alito. If granted, the request would mean that HB 20 is once again blocked.