§ 143A.006.Construction of Chapter

The carve-outs, and they mark what the chapter concedes a platform may still remove.

Subsection (a) permits censoring four categories.

(1) Expression the platform is specifically authorized to censor by federal law. That preserves whatever federal law permits, echoing the preceding section from the other direction.

(2) Expression that is the subject of a referral or request from an organization whose purpose is preventing the sexual exploitation of children and protecting survivors of sexual abuse from ongoing harassment. That is drawn around the established referral mechanisms for child sexual abuse material.

(3) Expression that directly incites criminal activity or consists of specific threats of violence targeted against a person or group because of their race, color, disability, religion, national origin or ancestry, age, sex, or status as a peace officer or judge.

That third category is narrower than it first appears. Incitement must be direct; threats must be specific; and threats qualify only where targeted on one of the listed characteristics. A specific threat of violence for some other reason is not within the carve-out on its face.

(4) Unlawful expression, which the definitions provision defines to include expression constituting a tort — a category doing considerable work, since defamation is a tort.

Subsection (b) preserves user-controlled filtering. The chapter does not restrict a platform from authorizing or facilitating a user’s ability to censor specific expression on the user’s own platform or page at that user’s request — so blocking and muting tools are untouched.

Subsection (c) leaves intellectual property law alone.