Case: 21-51178
Document: 00516474571
Page: 4
Date Filed: 09/16/2022
No. 21-51178
(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.
Tex. Civ. Prac. & Rem. Code § 143A.002(a). “Censor” means “to
block, ban, remove, deplatform, demonetize, de-boost, restrict, deny equal
access or visibility to, or otherwise discriminate against expression.” Id.
§ 143A.001(1). For Section 7 to apply, a censored user must reside in Texas,
do business in Texas, or share or receive expression in Texas. Id.
§ 143A.004(a)–(b).
This prohibition on viewpoint-based censorship contains several
qualifications. Section 7 does not limit censorship of expression that a
Platform “is specifically authorized to censor by federal law”; expression
that “is the subject of a referral or request from an organization with the
purpose of preventing the sexual exploitation of children and protecting
survivors of sexual abuse from ongoing harassment”; expression that
“directly incites criminal activity or consists of specific threats of violence
targeted against a person or group because of their race, color, disability,
religion, national origin or ancestry, age, sex, or status as a peace officer or
judge”; or “unlawful expression.” Id. § 143A.006.
Finally, Section 7 provides a narrow remedial scheme. If a Platform
violates Section 7 with respect to a user, that user may sue for declaratory and
injunctive relief and may recover costs and attorney’s fees if successful. Id.
§ 143A.007. The Attorney General of Texas may also sue to enforce Section
7 and may recover attorney’s fees and reasonable investigative costs if
successful. Id. § 143A.008. Damages are not available.
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