The decision by the 5th U.S. Circuit Court of Appeals in New Orleans (pdf), handed down on Sept. 16, upholds the constitutionality of a Texas law signed by Gov. Greg Abbott last year and delivers a victory to Republicans in their fight against big tech censorship of conservative viewpoints.

"Today we reject the idea that corporations have a freewheeling First Amendment right to censor what people say," U.S. Circuit Court Judge Andrew Oldham wrote in the opinion.

"Because the district court held otherwise, we reverse its injunction and remand for further proceedings," Oldham added, setting the stage for a showdown in the U.S. Supreme Court.

Groups Sue

After the law, known as House Bill 20, was passed last year, NetChoice and the Computer & Communications Industry Association (CCIA) sued.

The groups argued in their lawsuit that private companies like Facebook and Twitter have a First Amendment right to moderate content that's posted on their platforms and decide on what forms of speech to allow or ban.