Is Texas Senate Bill 12 Constitutional?

by Ricardo Barrera

State Senate to Introduce Bill Combating Social Media Censorship - Barrera on the news

District One state Senator Bryan Hughes recently introduced Texas Senate Bill 12 to curb censorship on social media channels. Senator Hughes says that social media sites are violating free speech rights. But the bill may not be constitutional.

Channel 4 Valley Central News asked Attorney Ricardo Barrera to comment.

Ricardo Barrera previously explained that: “You have a constitution that protects free speech, the expression of that free speech. But it is originally created to protect that [from] suppression and oppression from the government.” He goes on to say that “Private entities and private businesses do not get first amendment protections. It doesn’t apply.”

When joining a social media site, the user agrees to follow the site’s rule and they must continue to follow them in order to keep using the site. “If you violate that by posting certain things that go against those terms of service, you will very likely be – it’ll be brought down, for a good reason.”

Ricardo Barrera thinks that the proposed Bill would not withstand a constitutional challenge: “I don’t believe, if our legislature applies the constitution of the United States and the proper principles, that it should pass. If it passes, I believe it can be struck down in the courts.

See the full report here.

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