What just happened? A new Texas law aimed at restricting social media access for kids has taken effect, but a significant portion of it was blocked after a federal judge ruled that social media companies are not required to filter content from children’s feeds. Judge Robert Pitman determined that the provision mandating content blocking violates the First Amendment and is therefore unconstitutional.
In his ruling, Judge Pitman criticized the controversial provision as a threat to free speech and noted that several terms in the law were vague and potentially political. He also pointed out that the law would limit the ability of children to discuss controversial topics online, despite the fact that they could still access such content through traditional media, books, and other sources.
However, Judge Pitman upheld other parts of the law, including the requirement for parental consent for minors to create social media accounts. Another provision that remains intact is the age verification requirement for visitors to sites with significant adult content.
The Securing Children Online Through Parental Empowerment (SCOPE) Act, signed into law by Texas Governor Greg Abbott last year, faced a last-minute injunction from advocacy groups NetChoice and CCIA. The law aims to prevent tech companies from collecting data on underage users and restricts children from making financial transactions without parental consent. Additionally, it requires online services to shield minors from “harmful material,” including content related to suicide, self-harm, and substance abuse.
Meanwhile, earlier this year, Apple successfully lobbied Louisiana lawmakers to remove a key provision from a child safety bill that has since become law. The bill originally included a clause requiring app store operators to verify the age of users before allowing them to download certain apps – a measure that alarmed companies like Apple and Google, who operate the largest app stores in the US.
According to Louisiana legislator Kim Carver, who authored the bill, Apple hired four additional lobbyists who threatened multiple lawsuits if the age verification requirement for app stores wasn’t removed. Ultimately, Carver was forced to drop the provision to ensure the bill’s passage through the state legislature, illustrating how big money can influence the legislative process.