Cite as: 603 U. S. ____ (2024)
9
ALITO, J., concurring in judgment
disclosure provisions, which require only that platforms
publish their censorship policies, met the intermediatescrutiny standard set forth in Zauderer v. Office of Disciplinary Counsel of Supreme Court of Ohio, 471 U. S. 626
(1985). 34 F. 4th, at 1230. The Eleventh Circuit therefore
vacated the portion of the District Court’s order that enjoined the enforcement of those general-disclosure provisions, while affirming all the rest of the injunction. Id., at
1231.
B
1
Around the same time as the enactment of the Florida
law, Texas adopted a similar measure, H. B. 20, which covers “social media platform[s]” with more than 50 million
monthly users in the United States. Tex. Bus. & Com. Code
Ann. §120.002(b) (West 2023). The statute defines a
“ ‘[s]ocial media platform’ ” as an “[i]nternet website or application that is open to the public, allows a user to create
an account, and enables users to communicate with other
users for the primary purpose of posting information, comments, messages, or images.” §120.001(l). Unlike Florida’s
broader law, however, Texas’s statute does not cover
internet-service providers, email providers, and websites
that “consis[t] primarily of news, sports, entertainment, or
other information or content that is not user generated but
is preselected by the provider.” §120.001(1)(C)(i).
To ensure “the free exchange of ideas and information,”
H. B. 20 requires regulated platforms to abide by the following content-moderation and disclosure requirements.
Act of Sept. 2, 2021, 87th Leg., 2d Called Sess., ch. 3.
Content-moderation provisions. H. B. 20 prevents socialmedia companies from “censoring” users—that is, acting to
“block, ban, remove, deplatform, demonetize, de-boost, restrict, deny equal access or visibility to, or otherwise discriminate against”—based on their viewpoint or geographic
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