Texas AG Says Elon Musk ‘Wants Free Speech to Reign on the Internet,’ Welcomes Twitter Takeover

Ken Paxton, Texas attorney general, speaks during a panel discussion during the Conservative Political Action Conference in Orlando, Fla., on Feb. 27, 2021. (Joe Raedle/Getty Images)

Tesla CEO Elon Musk is likely to push for free speech to reign on Twitter should his deal to purchase the social media platform prove successful, Texas Attorney General Ken Paxton has said.

Paxton, a Republican, told Fox News that he would welcome a move to make Twitter a place where people are able to speak freely and without censorship.

“He appears to be a guy that wants free speech to reign on the internet,” Paxton said. “I welcome somebody getting into the marketplace that will just allow people to speak freely and not try to limit them based on what their political positions are or their religious positions.”

“Those are sacred rights and sacred ideas that our founders built this country on,” Paxton added.

Paxton’s comments come as Musk has been locked in ongoing litigation with Twitter in an effort to terminate the deal to buy the platform following a dispute over the exact number of automated bots and fake accounts.

However, the businessman confirmed his plans to purchase Twitter for $44 billion in an Oct. 3 Securities and Exchange Commission (SEC) filing.

Both Musk and Twitter had been scheduled to appear before a Delaware Chancery Court beginning on Oct. 17 as part of a five-day trial over the legal dispute, but a judge on Thursday delayed the trial, allowing him three more weeks to close the deal.

Elon Musk on a smartphone placed on printed Twitter logos, on April 28, 2022. (Dado Ruvic/Illustration/Reuters)

‘Free Speech in This Country’ Will Be Lost

Paxton told Fox News that Big Tech companies censoring posts on social media is a violation of free speech, and such behavior has been particularly aimed at those with conservative views.

“We’re talking about people being able to express their opinions,” he said. “If we do not stop this, we are going to lose the ability to have practically free speech in this country … which means that there’s huge advantages for people that have more liberal views than there are for those that have more conservative views.”

Paxton’s comments come shortly after legislation known as the Journalism Competition and Protection Act (JCPA), was passed by Senate lawmakers.

The legislation is designed to give bargaining powers to news organizations against Big Tech companies who use their content on their platforms.

Specifically, it would allow digital news companies to come together to negotiate with platforms such as Facebook, Google, and Twitter regarding the pricing terms on which the news companies’ content may be distributed on their platforms, without violating antitrust laws.

Sen. Ted Cruz (R-Texas) has pushed for the bill to include protections against moderation and censorship by Big Tech companies, but ultimately the bill that passed specified that negotiations should be solely about “pricing, terms, and conditions.”

Censorship ‘Gives Democrats a Huge Advantage’

Earlier this month, a federal appeals court in New Orleans ruled in favor of a Texas law that seeks to prevent social media companies like Facebook and Twitter from censoring free speech based on the viewpoint of online postings.

The decision by the 5th U.S. Circuit Court of Appeals in New Orleans (pdf) was published on Sept. 16 and upholds the constitutionality of a law signed by Texas Gov. Greg Abbott last year, which was later blocked from being implemented by a federal district court’s ruling.

That law, known as House Bill 20, was designed to “protect every Texan wanting to fully express his or her First Amendment rights,” according to a statement from Paxton’s office.

However, NetChoice and the Computer & Communications Industry Association (CCIA) sued after the law was passed, asserting that private companies like Facebook and Twitter have a First Amendment right to moderate content that’s posted on their platforms, owing in part to provisions of Section 230 of the Communications Decency Act.

That act shields such online platforms from lawsuits involving third-party content and for the removal of content in some circumstances. Paxton said he fears that such content moderation methods may ultimately give Democrats a huge advantage.

“If they can basically squelch free speech and viewpoints—conservative, Republican views—they can give Democrats a huge advantage across the country in all races, from local to presidential,” Paxton told Fox News.

“Our argument is, if you’re going to avail yourself of the protections of Section 230, and claim that you are not a publisher, then you can’t act like a publisher and discriminate against viewpoints,” Paxton said. “You shouldn’t then be allowed to protect yourself from defamation or libel because other publishers can’t do that.”