Texas’ law requiring app marketplace operators like Google and Apple to verify all users’ ages and seek parental permission before minors can download apps or make in-app purchases can go into effect for now, a federal appeals court ruled Thursday.
The 5th U.S. Circuit Court of Appeals blocked a temporary injunction issued by a federal district judge in Austin, who wrote in December that the restrictions in Texas’ law likely violated the First Amendment. The 5th Circuit panel did not explain its reasoning for issuing the decision, which can still be reversed by the appeals court in the future.
Senate Bill 2420, which was supposed to activate on Jan. 1, establishes age verification requirements and mandates parental consent before a person under the age of 18is allowed to download or make purchases within apps. The law also requires app developers to say whether their apps are appropriate for people in four categories: children under 13, teens aged 13-15, older teens aged 16-17 or adults 18 or older.
Its supporters say the law is needed to protect children as they navigate social media and online spaces, while critics say it would violate free speech rights. Louisiana and Utah have passed similar laws that have not yet gone into effect.
The Computer & Communications Industry Association, a tech trade group, and Students Engaged in Advancing Texas, an advocacy group, filed separate lawsuits in October challenging the law, both arguing it violates the First Amendment.
U.S. District Judge Robert Pitman sided with the plaintiffs in December, finding the law likely violates the First Amendment and issuing the temporary injunction blocking the law while the full case plays out in the district court.
“The Act is akin to a law that would require every bookstore to verify the age of every customer at the door and, for minors, require parental consent before the child or teen could enter and again when they try to purchase a book,” Pitman wrote in a 20-page ruling at the time.
Texas Attorney General Ken Paxton’s office appealed the temporary injunction in late December.
Paxton earlier this month urged the appeals court to allow enforcement of the law, arguing the state has the right to regulate transactions between minors and app marketplaces that take place in the state, according to court filings.
Paxton’s office did not immediately respond to a request for comment.
The plaintiffs earlier this week urged the court to uphold Pitman’s injunction, arguing SB 2420 “restricts an enormous amount of online speech” in violation of the First Amendment.
Students Engaged in Advancing Texas in a statement Thursday noted its members use app marketplaces to access apps used to communicate and learn, and the organization itself uses apps to engage with its members and the public.
“Students have just as much a right to access information as adults, and this law denies them that access,” Cameron Samuels, co-founder and executive director of SEAT, wrote in a statement.
The Computer & Communications Industry Association did not immediately respond to a request for comment.
Thursday’s ruling is only an administrative stay, temporarily blocking the lower court’s injunction of the law until a further review by the 5th Circuit.
Disclosure: Apple 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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