Carr Welcomes Court Win in Effort to End Big Tech’s Unchecked Censorship
Calls Order on Texas Law a Significant, Pro-Speech Ruling that Promotes a Diversity of Views

WASHINGTON, DC, September 19, 2022—On Friday, the U.S. Court of Appeals for the Fifth Circuit issued a ruling that denied a request to block a Texas state law known as HB 20, which prohibits Big Tech companies from censoring certain political speech and viewpoints.  Commissioner Carr issued the following statement welcoming the Fifth Circuit Decision: 

“For years, Big Tech companies have claimed that neither federal nor state laws can impose any limits on their decisions to censor other peoples’ political speech and viewpoints.  And they have acted consistent with that claim—shutting down debate on a wide range of significant matters of public concern.  The country is poorer as a result because Big Tech’s conduct has operated to eliminate from the modern-day town square the diversity of viewpoints and robust debate necessary to solve so many of our pressing problems.

“The Fifth Circuit has rightly rejected Big Tech’s claim to muzzle other peoples’ political speech without any check, turning aside what the court described as Big Tech’s ‘attempt to extract a freewheeling censorship right from the Constitution’s free speech guarantee.’  This is a significant, pro-speech win that will promote a diversity of viewpoints.

“As I have previously stated, there is a long line of First Amendment cases that enable state and federal governments to apply antidiscrimination requirements to Big Tech companies that are operating in the main as conduits for the speech of others.  This is a context that is wholly distinct from the inapt set of newspaper cases that Big Tech companies have put forward in an effort to block antidiscrimination laws like Texas’ HB 20.

“I welcome this decision by the Fifth Circuit and look forward to working with all stakeholders to ensure that the law continues to recognize the right of state or federal legislators to impose common sense, pro-speech measures to Big-Tech.”
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Office of Commissioner Brendan Carr
www.fcc.gov/about/leadership/brendan-carr
Media Contact:  Danielle Thumann
(202) 418-0376 or danielle.thumann@fcc.gov