Texas Officials Recommends big Tech to Stop Censorship of Freedom of Speech
“The improper expansion of Section 230, which was intended to promote free speech, competition, and enforcement of criminal laws online, has inflated to a point where it grants the largest companies in the world the ability to violate state laws, exclude rivals, and squash political speech,” said Attorney General Paxton.
Press Release
AUSTIN – Attorney General Ken Paxton sent a comment letter to Secretary Marlene Dortch of the Federal Communications Commission, supporting the National Telecommunications and Information Agency’s Petition (the Petition) to the Federal Communications Commission to clarify provisions of Section 230 of the Communications Decency Act. Section 230 provides online platforms liability protection for third-party content posted on their sites, and for decisions by those platforms to moderate obscene, lewd, and similarly objectionable content. Overly broad judicial interpretations of Section 230, however, have threatened to expand that immunity to cover broad categories of misconduct by some of tech’s largest players that the plain text of Section 230 does not reach. As a result, the reforms and clarification provided by the Petition are necessary to protect states’ ability to enforce their laws and prevent undue censorship of protected speech.
“The improper expansion of Section 230, which was intended to promote free speech, competition, and enforcement of criminal laws online, has inflated to a point where it grants the largest companies in the world the ability to violate state laws, exclude rivals, and squash political speech,” said Attorney General Paxton. “Reforms must be made to ensure that states are empowered to properly enforce their laws. First Amendment rights, penalties for criminals, and transparency must be maintained for a truly free online community to operate and thrive.”
Read a copy of the letter here.
Students Rights to Free Speech and Due Process
Attorney General Ken Paxton led 15 states in an amicus brief filed in the United States District Court in the Southern District of New York, defending the Department of Education’s reaffirmation of Title IX’s commitment to protecting students from actual harassment while upholding free speech and fair process.
Press Release
AUSTIN – Attorney General Ken Paxton led 15 states in an amicus brief filed in the United States District Court in the Southern District of New York, defending the Department of Education’s reaffirmation of Title IX’s commitment to protecting students from actual harassment while upholding free speech and fair process. The Department of Education’s “Final Rule” bolsters the anti-discrimination purposes of Title IX without infringing free speech or due process rights.
“The Constitution applies to every American, and the Department of Education’s ‘Final Rule’ provides robust protection for individual rights where previous regulations and guidance failed. The Supreme Court has long recognized that students subject to disciplinary proceedings are entitled to due process,” said Attorney General Paxton. “Academic institutions cannot unlawfully deprive students of their constitutional rights to free speech, due process, or fair trial.”
Without safeguards, academic institutions can and have eschewed due process and imposed life-altering consequences on students without affording them the opportunity to defend themselves. The vast majority of colleges and universities currently deny students the right to present evidence or cross examine witnesses, and less than half require that fact-finders be impartial during investigations.
Read a copy of the amicus brief here.