Case: 21-51178 Document: 00516474571 Page: 14 Date Filed: 09/16/2022 No. 21-51178 (2020) (Thomas, J., concurring) (explaining that overbreadth doctrine “allow[s] individuals to challenge a statute based on a third party’s constitutional rights”). Courts have deemed this chilling effect on third parties particularly worrisome when the overbroad law imposes criminal sanctions. See, e.g., Gooding v. Wilson, 405 U.S. 518, 521 (1972). This rationale for overbreadth adjudication is wholly inapposite here. First of all, there are no third parties to chill. The plaintiff trade associations represent all the Platforms covered by HB 20. Additionally, unlike individual citizens potentially subject to criminal sanctions—the usual beneficiaries of overbreadth rulings—the entities subject to HB 20 are large, well-heeled corporations that have hired an armada of attorneys from some of the best law firms in the world to protect their censorship rights. And any fear of chilling is made even less credible by HB 20’s remedial scheme. Not only are criminal sanctions unavailable; damages are unavailable. It’s hard to see how the Platforms—which have already shown a willingness to stand on their rights—will be so chilled by the prospect of declaratory and injunctive relief that a facial remedy is justified. Third, the Platforms principally argue against HB 20 by speculating about the most extreme hypothetical applications of the law. Such whataboutisms further exemplify why it’s inappropriate to hold the law facially unconstitutional in a pre-enforcement posture. Texas enacted HB 20 to address “the Platforms’ evolution into internet censors.” Explaining the perceived need for the law, Texas and its amici cite numerous instances in which the Platforms have censored what Texas contends is pure political speech. For example, one amicus brief documents the Platforms’ censorship of fifteen prominent celebrities and political figures—including five holding federal elected office. See Brief for Amici Curiae The Babylon Bee, LLC, et al. at 26–38. Texas also points to the 14

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