Gov. Greg Abbott announces a law to prevent Twitter and Facebook from banning jeans

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Denouncing “a dangerous move” to “silence conservative ideas [and] religious beliefs, ”Gov. Greg Abbott on Friday introduced a bill that seeks to crack down on perceived censorship of conservative voices by social media companies.

“They’re controlling the flow of information and sometimes denying the flow of information,” the Republican governor said at a news conference at Tyler. “And they are in the position in which they choose which points of view will allow to present. Texas stands against the political censorship of big technologies. We will not allow it at Lone Star State. “

Abbott joined state Sen. Bryan Hughes, R-Mineola, who sponsors the measure and chairs the powerful Senate State Affairs Committee. Hughes said the bill would give Texans the right to restore their accounts when they are “mistreated.”

“We have a handful of billionaires in San Francisco who run these tech companies,” Hughes said. “It does not make them the goalkeeper of freedom of expression. But that’s what they want to be. “

Senate Bill 12 would prohibit social media companies (including Facebook, Twitter, and YouTube) from blocking, banning, monetizing, or discriminating against a user based on their point of view or location in Texas.

It would apply to anyone who lives, does business, or has social media followers in Texas. Under the proposal, a person who feels that a platform has been wrongly banned can file a lawsuit. The Texas Attorney General can also file a claim on behalf of a person. If a social media company fails to comply, the bill states that the court may impose “sufficient daily sanctions to ensure immediate compliance.”

Lt. Gov. Dan Patrick, who chairs the Texas Senate, has identified the bill as one of his 31 priorities for this legislative session. Hughes introduced a similar bill in 2019 that got Senate approval, but died in a state House committee.

Facebook and Twitter did not respond to requests for comment.

TechNet, an industry association, said removing content restrictions could pave the way for children to be exposed to “harmful content for malicious online users.”

“This bill not only recklessly encourages companies to leave unpleasant content in public view, but also creates a culture that supports frivolous lawsuits against American companies,” said Servando Esparza, the group’s chief executive in Texas and the southwest, in a statement.

Hughes said his legislation would only apply to political and religious discourse.

“We’re not talking about lewd, lewd obscenity or anything like that,” Hughes said.

Rhetoric about silencing conservatives intensified after the 2020 election, when platforms such as Facebook and Twitter withdrew former President Donald Trump’s account for inciting violence during the Jan. 6 insurgency at the U.S. Capitol.

Republican politicians have long targeted technology giants, accusing them of anti-conservative bias and silencing freedom of speech, although actions to ban members often responded to credible evidence that communications prompted violence.

Experts point out that the First Amendment, which protects freedom of expression, only prohibits government censorship. This leaves private companies to choose their own protocols.

“From a First Amendment perspective, social media companies are private actors and are not subject to the First Amendment,” said Scot Powe, a professor at the University of Texas Law School in January, Texas. . “Therefore, it is a matter of constitutional law. They can be as biased as they want in any direction they choose. “

Twitter in January purged more than 70,000 accounts related to the dangerous group of QAnon conspiracy theorists over the movement’s connection to the U.S. Capitol attack. Alex Jones, a conspiracy theorist who often defends violent and sometimes racist views, has been kicked out of Facebook, Twitter and Spotify, among others. And in February, Twitter permanently launched MyPillow CEO Mike Lindell, a fierce Trump ally who continually spread false claims about election fraud.

Closer to home, R-Deer Park State Representative Briscoe Cain temporarily suspended her Twitter account in September 2019 when she tweeted “My AR is ready for you” to then-Democratic presidential candidate Beto O ‘Rourke.

Cain’s tweet responded to O’Rourke’s calls for a mandatory arms repurchase program.

Twitter in September 2020 targeted Democratic candidate Elizabeth Hernandez, who was challenging U.S. Republican Rep. Kevin Brady for her seat in the U.S. House. The platform forced her to remove a tweet that violated her rules against voter suppression because she encouraged people to tell Trump supporters to vote on the wrong day.

Technology companies are also facing scrutiny from Congress, from both sides of the aisle. Democrats and Republicans in recent weeks have sought to reform or repeal section 230 of the Communications Decency Act of 1996. The provision protects technology companies from the responsibility of users who post content on their platforms.

At a hearing in Congress last October, Facebook CEO Mark Zuckerberg told lawmakers that “Democrats often say we don’t remove enough content and Republicans often say we remove too much.”

“The fact that both sides criticize us doesn’t mean we’re right, but there are real disagreements about where the limits of online speech should be,” he said.

Abbott argued Friday that the provision does not protect companies from lawsuits that could be filed under SB 12. Instead, he said it “connects” section 230.

“We make sure these companies will be forced to comply with Senator Hughes’ bill to ensure that the conservative discourse of the Texans is not canceled, ”Abbott said.

Abbott’s office filed a writ before the U.S. Supreme Court arguing that states have the right to protect freedom of speech, Hughes said.

Both President Joe Biden and his predecessor have expressed support for the section 230 revision. Trump called for his full repeal, as did several lawmakers in his party.

Meanwhile, three U.S. Democratic senators have introduced a bill that would revise the provision. Under the SAFE TECH law, users could sue social media companies for threatening, harassing, discriminatory or abusive content on their platforms.

The state bill comes when Texas politicians, including Abbott, have tried to persuade tech companies to move to the state from the expensive Silicon Valley technology center in California. Elon Musk, CEO of electric vehicle company Tesla Motors, recently announced he would move to the state. Software company Oracle in December said it was moving its headquarters from California to Austin.

SB 12 is scheduled for its first hearing before the State Affairs Committee on Monday.

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