A possible Supreme Court showdown After Wednesdays decision, the dispute over HB 20 could well end up at the Supreme Court. The groups that challenged HB 20 have at least two obvious options before them: They could turn to the Supreme Court directly, or they could ask for a rehearing in front of a wider panel of appellate judges in hopes of a different outcome which could eventually lead to a Supreme Court appeal anyway. At least one justice, the conservative Clarence Thomas, has previously expressed interest in hearing a case that might allow the Court to rule on the issue of platform liability. A case involving HB 20 would present a ripe opportunity. If that happens, its not a stretch to say that decades of First Amendment precedent may suddenly be on the line. A fundamental question at the heart of the case is whether the state of Texas a government entity is forcing social media companies to host speech with HB 20. This concept of government-compelled speech has long been held unconstitutional under the First Amendment. But a Supreme Court ruling upholding HB 20 may throw that longstanding precedent into doubt. Historic decisions that deal with compelled speech and protections for editorial curation might be substantially narrowed if not overruled in that scenario, said Kosseff. In light of the Courts apparent willingness to overturn decades of precedent in Roe v. Wade, its not difficult to imagine the Court revisiting some of its most basic First Amendment convictions. Then there is the fate of Section 230, the quarter-century-old liability shield. Because Section 230 is a federal law that affirms websites rights to manage their platforms (on top of the First Amendment), a Supreme Court ruling upholding Texass state law could create a conflict, raising questions about federal preemption. Might the Court take this opportunity to curtail or strike down Section 230 in the process? Its anyones guess. Another issue that could have far-reaching consequences involves HB 20s attempt to define social media platforms as common carriers akin to phone companies, railroad operators and electric utilities. Whether you agree social media platforms ought to be considered utilities or not, a finding upholding that classification would give states everywhere a roadmap for regulating online platforms like never before in the history of the internet, with vast implications for the wider digital economy. Of course, its possible the Court may not even attempt to weigh in on some of these issues and simply leaves them unresolved perhaps by giving HB 20 a thumbs-up or thumbs-down using the much-maligned shadow docket, CNN legal analyst Steve Vladeck suggested. Depending on how it turns out, this scenario could be the worst of all worlds the legal equivalent of blowing things up and leaving everyone else to pick up the pieces.
We're gonna lose the internet at this rate.
Thanks conservatives. Fucking sad fucks that can't accept a loss.