The Hollywood Reporter by Eriq Gardner March 30, 2021
Will an Investigation Into Twitter's Moderation Decisions Backfire Because the Texas AG Tweets?
Twitter is demanding an end to alleged harassment by Ken Paxton after the social media giant suspended Donald Trump's account. What's happening matters. But don't overlook WHERE the social media company is now seeking relief.
When Twitter decided earlier this year to kick Donald Trump off its platform, the decision got under the skin of many of the ex-president's followers. To some right wing critics of the social media company, it represented more evidence that Big Tech should lose its legal shield. Nowhere was the furor stronger than the great state of Texas, whose lawmakers began considering whether to prohibit social media companies from banning users based on certain viewpoints. The constitutionality of that potential action aside, Texas Attorney General Ken Paxton went even further by opening up an investigation into Twitter's policies and procedures related to content moderation. "Twitter/Facebook closing conservative accts," tweeted Paxton. "As AG, I will fight them with all I’ve got."
What followed has the potential to be a very big deal, although perhaps not for the reason most would immediately assume. A lawsuit now playing out may impact other government investigations.
On March 8, Twitter sued Paxton in federal court. The social media giant claims that Paxton is abusing his authority by seeking to harass and intimidate Twitter in retaliation for its exercise of First Amendment rights. Twitter seeks an injunction on the Texas AG from initiating any action to enforce its investigatory document demands. And Twitter's suit is picking up support from others. For example, in a case that's not even a month old, the Reporters Committee for Freedom of the Press and other advocacy organizations have already filed an amicus brief that warns that government efforts to enforce viewpoint neutrality will carry the temptation to compel platforms to carry speech.
That's a real concern, and a reason why Hollywood should be weary of efforts to reform Section 230 of the Communications Decency Act. But the subject isn't the only thing that's notable about Twitter's suit; The present whereabouts of this case is just as interesting and meaningful.
Twitter is suing in a federal court in San Francisco. In other words, home turf for the tech company rather than the conservative heartland.
More:
https://www.hollywoodreporter.com/thr-esq/will-an-investigation-into-twitters-moderation-decisions-backfire-because-the-texas-ag-tweets
