The U.S. Court of Appeals for the Fifth Circuit issued a 2–1 decision upholding the core provisions of Texas House Bill 20, which bars social media platforms with more than 50 million monthly active users from removing or suppressing content based on the political viewpoint expressed by the user.
The Majority Opinion
Judge Kyle Duncan, writing for the majority, held that social media platforms are more analogous to common carriers than to newspapers, and that the state's interest in preventing viewpoint discrimination is a legitimate government purpose that survives intermediate scrutiny.
The Dissent
Judge Edith Jones argued that the decision conflicts with the Supreme Court's long-standing precedent protecting editorial discretion and would create an unworkable standard for platform governance.
What Happens Next
Meta and Twitter have already signaled they will seek en banc review or petition the Supreme Court. The ruling creates a circuit split with the Eleventh Circuit's contrary decision in the Florida social media case.