Today U.S. Senator Josh Hawley (R-Mo.) filed an amicus brief with the U.S. Supreme Court in Texas' case NetChoice v. Paxton to define Big Tech platforms' role in disseminating users' speech.

In his brief, Senator Hawley argues that the Supreme Court must narrow Big Tech's power by defining whether these social media companies are self-conscious editors of content or neutral platforms that simply host users’ posts. He urges the Supreme Court not to permit Big Tech to algorithmically promote virulent, pro-terrorist propaganda while claiming a right to censor conservatives' free speech. Senator Hawley brings this illogical contradiction to light as he argues in favor of Texas’ anti-censorship law.

“Big Tech companies want to have their cake and eat it too. They want to censor users’ content while not being held accountable by either the government or private lawsuits,” said Senator Hawley, in response to filing his brief. “The Court should rule in favor of Texas’ anti-censorship law and not grant the tech companies’ wish to be above the law."

Senator Hawley has been a longtime advocate for holding Big Tech companies accountable and fighting for Americans' rights on their platforms, including by introducing multiple pieces of legislation empowering users to sue Big Tech for the harm they cause.

In December 2022, Senator Hawley filed an amicus brief with the Supreme Court in the case of Gonzalez v. Google, challenging the Section 230 immunity Big Tech companies receive for their algorithmic recommendations.

Full text of the brief can be found here.