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A law inviting Texans to sue social media companies over ‘censorship’ is back

AftHurrahWinch 4y ago
The law (https://capitol.texas.gov/tlodocs/872/billtext/html/HB00020S.htm https://capitol.texas.gov/tlodocs/872/billtext/html/HB00020S...) states: -------------------- Sec. 143A.002. CENSORSHIP PROHIBITED. (a) A social media platform may not censor a user, a user's expression, or a user's ability to receive the expression of another person based on: (1) the viewpoint of the user or another person; (2) the viewpoint represented in the user's expression or another person's expression; or (3) a user's geographic location in this state or any part of this state. (b) This section applies regardless of whether the viewpoint is expressed on a social media platform or through any other medium. -------------------- Viewpoint isn't defined, presumably intentionally vague to chill anything but the broadest compliance. As well, you can't just filter out Texans to avoid complying with this law - your private company MUST serve Texans. Ok, but how is it enforced? Are there new Texas Internet Rangers? -------------------- Sec. 143A.007. USER REMEDIES. (a) A user may bring an action against a social media platform that violates this chapter with respect to the user. (b) If the user proves that the social media platform violated this chapter with respect to the user, the user is entitled to recover: (1) declaratory relief under Chapter 37, including costs and reasonable and necessary attorney's fees under Section 37.009; and (2) injunctive relief. -------------------- Oh... it's another bounty-hunter law, like the Texas abortion law which rewards people with $10,000 big-ones for turning in their ex-girlfriend or coworker or whatever.
alakjlrgklg 4y ago
[flagged]
- idiotsecant 4y ago
  I am not sure what to do with this comment.
  - unethical_ban 4y ago
    - yousuckk 4y ago
      - yousuckk 4y ago
  - slater 4y ago
    Flag, downvote, hide it, and move on ¯\_(ツ)_/¯
idiotsecant 4y ago
How can they enforce providing service to Texans?
- dtagames 4y ago
  As someone who lives in Texas, that part seems pretty clear. If a company offers a service but intentionally excludes people from Texas (or any part of Texas) because of where they live, that person can sue here for damages.
  - BeFlatXIII 4y ago
    And what grounds would they have to enforce that suit? Break Texan law by not doing business in Texas and not having any Texan assets: how enforceable is that?
    - TrumpsHandler 4y ago
      Texans aren't known for their intelligence...
      - yousuckk 4y ago
  - avs733 4y ago
    wouldn't that person also be opening up themselves to felony CFAA charges by using a system in violation of the terms of service? /s
  - idiotsecant 4y ago
    >If a company offers a service but intentionally excludes people from Texas (or any part of Texas) because of where they live, that person can sue here for damages. This is a pretty wild concept. So if I am a citizen of, for example, north carolina and I decide that I simply don't want to sell widgets to citizens of Texas can I be sued for breaking a Texas law? Do you have a link to somewhere that spells that out? Not that I don't believe it, I'm just not sure how that could ever be enforceable. Are they going to put texas police in a car and drive to North Carolina and arrest me? Sieze my non-existant texas assets? There is no Texas FBI with jurisdiction outside their borders. What possible penalty could I have for simply ignoring the lawsuit?

The law (https://capitol.texas.gov/tlodocs/872/billtext/html/HB00020S.htm https://capitol.texas.gov/tlodocs/872/billtext/html/HB00020S...) states: -------------------- Sec. 143A.002. CENSORSHIP PROHIBITED. (a) A social media platform may not censor a user, a user's expression, or a user's ability to receive the expression of another person based on: (1) the viewpoint of the user or another person; (2) the viewpoint represented in the user's expression or another person's expression; or (3) a user's geographic location in this state or any part of this state. (b) This section applies regardless of whether the viewpoint is expressed on a social media platform or through any other medium. -------------------- Viewpoint isn't defined, presumably intentionally vague to chill anything but the broadest compliance. As well, you can't just filter out Texans to avoid complying with this law - your private company MUST serve Texans. Ok, but how is it enforced? Are there new Texas Internet Rangers? -------------------- Sec. 143A.007. USER REMEDIES. (a) A user may bring an action against a social media platform that violates this chapter with respect to the user. (b) If the user proves that the social media platform violated this chapter with respect to the user, the user is entitled to recover: (1) declaratory relief under Chapter 37, including costs and reasonable and necessary attorney's fees under Section 37.009; and (2) injunctive relief. -------------------- Oh... it's another bounty-hunter law, like the Texas abortion law which rewards people with $10,000 big-ones for turning in their ex-girlfriend or coworker or whatever.

alakjlrgklg 4y ago

[flagged]

idiotsecant 4y ago
I am not sure what to do with this comment.
- unethical_ban 4y ago
  - yousuckk 4y ago
    - yousuckk 4y ago
- slater 4y ago
  Flag, downvote, hide it, and move on ¯\_(ツ)_/¯

idiotsecant 4y ago

How can they enforce providing service to Texans?

dtagames 4y ago
As someone who lives in Texas, that part seems pretty clear. If a company offers a service but intentionally excludes people from Texas (or any part of Texas) because of where they live, that person can sue here for damages.
- BeFlatXIII 4y ago
  And what grounds would they have to enforce that suit? Break Texan law by not doing business in Texas and not having any Texan assets: how enforceable is that?
  - TrumpsHandler 4y ago
    Texans aren't known for their intelligence...
    - yousuckk 4y ago
- avs733 4y ago
  wouldn't that person also be opening up themselves to felony CFAA charges by using a system in violation of the terms of service? /s
- idiotsecant 4y ago
  >If a company offers a service but intentionally excludes people from Texas (or any part of Texas) because of where they live, that person can sue here for damages. This is a pretty wild concept. So if I am a citizen of, for example, north carolina and I decide that I simply don't want to sell widgets to citizens of Texas can I be sued for breaking a Texas law? Do you have a link to somewhere that spells that out? Not that I don't believe it, I'm just not sure how that could ever be enforceable. Are they going to put texas police in a car and drive to North Carolina and arrest me? Sieze my non-existant texas assets? There is no Texas FBI with jurisdiction outside their borders. What possible penalty could I have for simply ignoring the lawsuit?