Opinion: A new Texas law fights Big Tech censorship. Last week showed why we need it.
that prohibits large social media companies with more than 50 million active users in the United States from banning or censoring a Texan, or the content he or she shares or receives, based on that person’s political or religious viewpoints. The need for this law has been apparent for years, as our country’s public square has become increasingly controlled by a few powerful companies that have proved to be flawed arbiters of constructive dialogue.
Both stories show how Big Tech companies can unilaterally decide which information enters the public discourse. They also show how a handful of individuals, operating without transparency or public accountability, can sway sentiment based on their preferred viewpoints. This should terrify anyone who values free speech in the United States.
Opponents of the law argue that, because these platforms are private companies, any government action forcing them to convey messaging against their will is compelled speech, and thus a violation of the First Amendment. Moreover, opponents add, these social media platforms should be able to discriminate in which customers they allow onto their platforms, as any private firm has the right to do.But Twitter, Facebook and other massive platforms aren’t just any private companies.
Because the federal government has thus far shown itself unwilling to protect citizens’ rights on these platforms, states have an obligation to act. And in Texas, we’re showing how states can safeguard free-speech rights while still prioritizing the safety of social media users. Our law does not prevent platforms from moderating content altogether.
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