Judge allows parental controls for Texas kids’ social media accounts, but blocks content moderation requirement

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A federal district court judge on Aug. 30 temporarily blocked part of a new social media law designed to prevent Texas children from accessing certain content online through platforms such as Instagram and Facebook.

Judge Robert Pitman found the requirement unconstitutional that social media companies filter out harmful content, such as information that features self-harm or substance abuse, from a minor's feed. But Pitman did not block other portions of the law, including a requirement that parents have several controls over their minor children's accounts.

The ruling is temporary, meaning it only applies until a final judgement is issued in the legal battle stemming from two tech industry groups, the Computer and Communications Industry Association and NetChoice, who sued in July to block the law. A separate lawsuit seeking to block the law was filed by the Foundation for Individual Rights and Expression, a free speech advocacy group. A decision is still pending in that suit.

Here’s what you need to know.

The background: Texas lawmakers in 2023 passed House Bill 18, known as the Securing Children Online through Parental Empowerment Act, to limit minors’ access to social media platforms and to protect them from seeing harmful content if they do gain access.

State Rep. Shelby Slawson, R-Stephenville, carried the bill and said its purpose was to give parents more control of how minors’ information is collected and used by digital service providers, which are companies that operate websites, applications, programs or software that collects or processes personal identifying information.

Lawmakers said children’s overexposure to digital platforms resulted in increased rates of self-harm, suicide, substance abuse, sexual exploitation, human trafficking and other mental health issues. “Texas parents have had enough,” Slawson said in a statement after the bill was voted out of a House committee.

Under the law, digital service providers would have to give a parent or guardian access to the minor's account, if the adult requests it. And it forces those companies to give parents the ability to supervise the minor’s use of the digital platform. The law also requires social media platforms to figure out ways to prevent children’s exposure to “harmful” material, such as content that promotes self-harm or substance abuse.

The portions of the law that have not been blocked go into effect on Sept. 1. The Texas Tribune reached out to Meta, TikTok and Snap Inc to ask if they would comply with the law. None of the companies responded to The Tribune's inquiry, and it is unclear if the companies will comply with the portions of the law that are enforceable.

Why FIRE sued: FIRE is suing on behalf of four plaintiffs — a software engineer who uses Instagram to share content about mental health, a 16-year-old high school student who uses social media to obtain news, an Austin-based company that produces advertising directed at minors and a student-run organization engaged in policymaking. Each plaintiff relies on social media for communication and activism; they argue in their legal filing that the age-verification law could block them from accessing vital information.

“In a misguided attempt to make the internet ‘safe,’ Texas’ law treats adults like children,” FIRE Chief Counsel Bob Corn-Revere said in a statement. “But even minors have First Amendment rights. Whether they’re 16 or 65, this law infringes on the rights of all Texans.”

Why CCIA and NetChoice sued: CCIA and NetChoice represent the interests of the communications and tech industries. Their members include Meta, X, Google and eBay.

In their legal filing, the plaintiffs argue that HB 18 unconstitutionally violates First Amendment free speech rights by forcing websites to monitor and remove certain types of speech and by restricting minors’ access to lawful speech.

Plaintiffs argue that parents already have tools to regulate if and how their minor children use the internet and that the companies they represent effectively moderate their content.

The legal filing pulled heavily from CCIA and NetChoice’s recent complaint against House Bill 20, a 2021 Texas law prohibiting large social media companies from banning users’ posts based on their political viewpoints.

“Just like its last attempt, Texas has enacted a law targeting disfavored online publishers and their dissemination of protected, valuable expression online,” the filing states.

What the state says: Attorney General Ken Paxton, named as the defendant in both lawsuits, did not respond to The Texas Tribune’s request for comment.

Broader impact: HB 18 is part of a growing number of state laws that attempt to regulate how social media companies moderate their content. The outcome of this case could affect ongoing cases in Texas and other states. Other states, including Mississippi, Ohio and California, that have tried to pass similar pieces of legislation have so far been blocked by the courts.

Disclosure: Facebook and Google have been financial supporters of The Texas Tribune, a nonprofit, nonpartisan news organization that is funded in part by donations from members, foundations and corporate sponsors. Financial supporters play no role in the Tribune's journalism. Find a complete list of them here.

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