A federal judge in Austin has temporarily blocked a new Texas law that would have required age verification for all app downloads and parental consent for minors, ruling the measure likely violates the First Amendment.
A federal judge has issued a temporary injunction against a Texas law scheduled to take effect on January 1. This law would have mandated that both adults and minors verify their age before downloading mobile applications or making in-app purchases. The judge determined that the measure is likely to infringe upon constitutional protections of free speech.
On Tuesday, U.S. District Judge Robert Pitman granted a preliminary injunction halting the enforcement of Senate Bill 2420, commonly referred to as the App Store Accountability Act. During this year's legislative session, the law garnered overwhelming support and will come into effect at the start of the new year.
The proposal mandated that all adults confirm their age before downloading any applications from digital marketplaces. Parental approval would be mandatory for minors to download any app or make in-app purchases, necessitating parents to verify their identity each time consent is granted.
Students Engaged in Advancing Texas (SEAT), along with two Texas high school students under 18, initiated a lawsuit contesting the law in October. The plaintiffs filed a lawsuit against Ken Paxton for enforcing the statute. They contended that the law placed content-based restrictions on speech and hindered parents' capacity to oversee their children's online activities.
In his ruling, Pitman recognized the significant concerns about children's engagement with smartphones, social media, and gaming platforms. However, he asserted that the state's strategy exceeded constitutional limits.
“The implications are significant, and the Court acknowledges the widespread backing for safeguarding children in their use of applications,” Pitman stated. “However, the methods employed to reach that goal must align with the principles of the First Amendment.”
Adam Sieff, the attorney for the students, commended the ruling, asserting that the law represented an overreach by the government in the realm of family decision-making.
“App stores provide individuals with smartphones and internet access the opportunity to tap into the vast repository of nearly all documented human knowledge and creativity,” Sieff stated. “Prohibiting students from utilizing these extensive libraries without parental approval, solely based on the government's assumption of what parents should desire, has never been a constitutionally acceptable method to safeguard children or assist families.”
A recent ruling echoes an earlier decision made this year, in which Pitman prevented parts of Texas’s SCOPE Act from taking effect. This act mandated that social media platforms verify users' ages and imposed limitations on content accessible to minors. A recent proposal to prohibit minors from creating or maintaining social media accounts failed to advance during the legislative session.
No immediate response from the attorney general’s office for a statement was provided.
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