10
MOODY v. NETCHOICE, LLC
ALITO, J., concurring in judgment
location within Texas.10,11,12 Tex. Civ. Prac. & Rem. Code
Ann. §§143A.001(1), 143A.002(a)(1)–(3) (West Cum. Supp.
2023). However, the law allows platforms to censor speech
that: federal law “specifically authorize[s]” them to censor;
speech that the platform is told sexually exploits children
or survivors of sexual abuse; speech that “directly incites
criminal activity or consists of specific threats of violence
targeted against a person or group because of race, color,
disability, religion, national origin or ancestry, age, sex or
status as peace officer or judge”; and speech that is otherwise unlawful or has been the subject of a user’s request for
removal from his or her feed or profile. §§143A.006(a)–(b).
Disclosure provisions. Like the Florida law, H. B. 20 also
requires platforms to make general and individual disclosures about their censorship practices. Specifically, the law
obligates each platform to tell the public how it “targets,”
“promotes,” and “moderates” content. §§120.051(a)(1)–(3).
And whenever a platform censors a user, the law requires
it to inform the user why that was done. §120.103(a)(1).13
——————
10 In general, to “deplatform” means “to remove and ban a registered
user from a mass communication medium (such as a social networking
or blogging website).” Merriam-Webster’s Collegiate Dictionary (10th
ed. 2024), (defining “deplatform”; some punctuation omitted), https://
unabridged.merriam-webster.com/collegiate/deplatform (unless otherwise noted, all internet sites last accessed May 22, 2024).
11 “[D]emonetization” often refers to the act of preventing “online content from earning revenue (as from advertisements).” Ibid. (defining
“demonetize”; some punctuation omitted), https://unabridged.merriamwebster.com/collegiate/demonetize.
12 “Boosting on social media means [paying] a platform to amplify . . .
posts for more reach.” C. Williams, HubSpot, Social Media Definitions:
The Ultimate Glossary of Terms You Should Know (June 23, 2023),
https://blog.hubspot.com/marketing/social-media-terms.
De-boosting
thus usually refers to when platforms refuse to continue increasing a
post’s or user’s visibility to other users.
13 Texas has represented that a brief computer-generated notification
to an affected user would satisfy the provision’s notification requirement.
Brief for Respondent in No. 22–555, p. 44.
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