The December 16, 2021 post “Texas Enjoined from Enforcing Law Targeting Social Media Platforms” reported how on December 1, 2021 a federal court in Texas enjoined enforcement of a law which would have limited a large number of social media companies from moderating content on their websites.

Thereafter, on May 11, 2022, the United States Court of Appeals for the Fifth Circuit issued an Order which allowed the Texas law to go into effect, essentially staying the district court’s determination.

Following the entry of that Order, the plaintiffs – two trade associations that represent major social media platforms covered by the statute – filed a request to the United States Supreme Court to vacate the Fifth Circuit’s stay of the district court’s preliminary injunction. On May 31, 2022, the Supreme Court voted 5 to 4 to vacate the stay, once again putting the Texas law on hold while the appeal to the Fifth Circuit is pending.

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