• HB 20 treats dominant social medial platforms as common carriers and on this basis bars them from engaging in viewpoint discrimination. This is the only effective means of stopping federally orchestrated social media censorship.
• In Moody v. NetChoice, the Supreme Court correctly rejected a facial challenge to HB 20.
• But Justice Kagan's dicta cast doubt on HB 20. Her extensive dicta misread the statute and failed to recognize Texas's compelling government interest in it.
• Although such misunderstandings could be addressed in litigation, the cleanest and most effective solution would be this amendment.
• The amendment corrects the misunderstandings and makes clear that HB 20 is constitutional.
• By adopting this amendment, Texas would enable HB 20 to bar social media censorship. Texas would also thereby prevent federal censorship.
The bill appears below in both PDF and WORD.
Proposed Amendment to HB20 - WORD (docx)
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