Case: 21-51178 Document: 00516474571 Page: 6 Date Filed: 09/16/2022 No. 21-51178 Platforms covered by HB 20. They sued the Attorney General of Texas (“Texas”) on September 22, 2021, before HB 20 went into effect. The district court issued a preliminary injunction on December 1, 2021. It first held that Section 7 is facially unconstitutional. The court “start[ed] from the premise that social media platforms are not common carriers.” It then concluded that Platforms engage in “some level of editorial discretion” by managing and arranging content, and viewpoint-based censorship is part of that editorial discretion. It further held that this editorial discretion is protected by cases like Miami Herald Publishing Co. v. Tornillo, 418 U.S. 241 (1974). So according to the district court, HB 20’s prohibition on viewpoint-based censorship unconstitutionally interfered with the Platforms’ protected editorial discretion. The court did not explain why a facial attack on Section 7 was appropriate, other than asserting that Section 7 is “replete with constitutional defects” and the court believed “nothing . . . could be severed and survive.” The district court then held that Section 2 is facially unconstitutional. It reasoned that “Section 2’s disclosure and operational provisions are inordinately burdensome given the unfathomably large numbers of posts on these sites and apps.” Moreover, the court reasoned that Section 2 will “chill the social media platforms’ speech” by disincentivizing viewpoint-based censorship. Again, the court did not explain why a facial challenge to Section 2 was appropriate, other than stating that it imposes “onerously burdensome disclosure and operational requirements.” The district court also found that HB 20 discriminates based on content and speaker, because it permits censorship of some content (like specific threats of violence directed at a protected class) and only applies to large social media platforms. It then held that HB 20 fails any level of heightened scrutiny. Finally, it issued a preliminary injunction. 6