Woodhull Joins the ACLU to Defend the Free Speech Online in CCIA v. Paxton
Computer and Communications Industry Association v. Paxton is a legal challenge brought by the Computer & Communications Industry Association (CCIA) and NetChoice against Texas Attorney General Ken Paxton, contesting the constitutionality of Texas House Bill 20 (HB 20). HB 20 restricts large social media platforms from moderating user content based on viewpoint, effectively prohibiting platforms from removing or demoting posts, even if they are false, hateful, or otherwise objectionable. The plaintiffs argue that this law violates the First Amendment by compelling private companies to host speech they do not endorse and by interfering with their editorial discretion.
Woodhull joined the amicus brief filed by the ACLU, ACLU of Texas, CATO Institute, Student Press Law Center, TechFreedom, and WikiMedia, which supports CCIA and NetChoice. Our brief emphasizes that HB 20 undermines the ability of online platforms to create safe and inclusive spaces, particularly for marginalized communities. We argue that the law would force platforms to host content that is abusive, harassing, or otherwise harmful, making it harder for users—especially those from vulnerable groups—to participate safely online.
Our support for CCIA in this case is rooted in the concern that HB 20 would strip platforms of the ability to moderate content that targets or endangers people based on their sexual orientation, gender identity, or sexual expression. Without the ability to remove or limit hate speech, harassment, or explicit threats, online spaces could become hostile or dangerous for sex workers, LGBTQ+ individuals, and others whose sexual freedom is already at risk.
Human rights principles, including freedom of expression and the right to safety, are threatened when governments compel private entities to carry speech that undermines the dignity and security of marginalized groups. HB 20 would chill the speech of those most in need of protection, undermining both sexual freedom and broader human rights, and we’re glad to join our allies in challenging it.