A federal judge has issued a temporary injunction against a new Texas law that would impose additional restrictions on children’s access to app stores.
Senate Bill 2420, set to take effect on January 1, introduces age verification protocols and requires parental consent prior to allowing minors to download apps or make in-app purchases. Proponents argue that the legislation is essential for safeguarding children in the digital landscape, while opponents contend that it infringes on free speech rights.
U.S. District Judge Robert Pitman, appointed during the Obama administration, ruled in favor of the law’s critics, stating that certain provisions are “unconstitutionally vague” and “exceedingly overbroad.” In a detailed 20-page ruling, Pitman compared the law to a hypothetical requirement that bookstores check the age of every customer at the entrance and demand parental consent for minors to enter or make purchases.
“The Court finds a likelihood that, when considered on the merits, SB 2420 violates the First Amendment,” Pitman noted in his ruling.
State Senator Angela Paxton, a Republican from McKinney and the bill’s author, remains optimistic about the law’s prospects. “We built this bill to equip parents with common-sense tools to protect their kids and to withstand legal challenges from those who may have different priorities,” she stated in a written response.
The Computer & Communications Industry Association, which initiated the lawsuit in October, welcomed the judge’s ruling. “This Order halts the Texas App Store Accountability Act from taking effect, preserving the First Amendment rights of app stores, app developers, parents, and young internet users,” said Stephanie Joyce, the director of CCIA’s Litigation Center, in a news release. “It also safeguards parents’ fundamental right to utilize their own judgment when protecting their children online with the numerous tools our members provide.”
Additionally, two Texas teens and a youth-led advocacy group called Students Engaged in Advancing Texas have challenged the law in court. Adam Sieff, an attorney representing the teens, emphasized that app stores provide access to vast amounts of information and expression. “Prohibiting students like SEAT’s members from accessing these extensive libraries without parental consent, simply based on government assumptions about what parents desire, is not a constitutionally valid approach to protecting children or supporting families,” Sieff affirmed.
Senate Bill 2420 also requires app developers to assign age ratings to their applications, explain the rationale behind these ratings, and inform app stores of any significant changes. Notably, parental consent is not necessary for certain emergency or educational apps that provide access to crisis hotlines.
Governor Greg Abbott signed the bill into law in May, emphasizing that ensuring the safety and online privacy of Texas children is a priority for his administration. “Texas will empower parents to have more control over the online content their children can access,” remarked Andrew Mahaleris, Abbott’s press secretary, earlier this year.
In recent legislative sessions, Texas lawmakers have generally prioritized regulating internet access for young people. In 2023, the state mandated that companies running websites with over one-third of their content deemed harmful to minors implement “reasonable” age verification measures to ensure users are at least 18 years old. This initiative, known as House Bill 1181, is part of a broader effort to shield children from exposure to pornography.
However, this law faced opposition from a group of adult entertainment websites, which argued that it violated free speech and privacy rights. Texas defended its stance, asserting its right to enact measures aimed at protecting children, with Solicitor General Aaron Nielson describing them as “simple, safe, and common” restrictions.
The U.S. Supreme Court ruled in favor of Texas, marking a significant victory for the online safety movement. Nonetheless, a federal district court has issued several temporary blocks on provisions of another 2023 law, House Bill 18, which restricts the types of materials and advertisements minors can see on social media and includes age verification requirements. This indicates a lack of consensus among courts regarding the regulation of social media and online presence for youth.
