(The Texas Tribune) – The Foundation for Individual Rights and Expression, a free speech advocacy group, has sued Texas Attorney General Ken Paxton to block a new Texas law that would require platforms like Instagram and Facebook to register the age of all users and obtain consent from a parent or guardian before minors create an account.
This is the second lawsuit seeking to prevent the law from taking effect on September 1. Two technology trade groups, the Computer and Communications Industry Association and NetChoice, also filed suit last month to block the age verification law.
Here’s what you need to know.
The background: Texas lawmakers passed House Bill 18, known as the Securing Children Online through Parental Empowerment Act, in 2023 to restrict minors’ access to social media platforms and protect them from viewing harmful content if they do access them.
Republican state Rep. Shelby Slawson of Stephenville sponsored the bill, saying its purpose is to give parents more control over how their minors’ information is collected and used by digital service providers, companies that operate websites, applications, programs or software that collect or process personal information.
Lawmakers said children’s excessive use of digital platforms is leading to an increase in 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 rejected by a House committee.
The law would require digital service providers to obtain the consent of a parent or guardian before allowing minors to create an account. It would also require these companies to provide parents with the opportunity to supervise minors’ use of the digital platform. The law also requires social media platforms to find ways to prevent children from being exposed to “harmful” material, such as content that promotes self-harm or substance abuse.
The law comes into force on September 1st.
Why FIRE sued: FIRE is suing on behalf of four plaintiffs – a software developer who uses Instagram to share mental health content, a 16-year-old high school student who uses social media to get news, an Austin-based company that produces ads aimed at minors, and a student-run organization that engages in political activity. Each of the plaintiffs relies on social media for communication and activism; in their briefs, they argue that the age verification law could deny them access to important information.
“In a misguided attempt to make the internet ‘safe,’ Texas law treats adults like children,” FIRE senior counsel Bob Corn-Revere said in a statement. “But minors also have rights under the First Amendment. Whether they are 16 or 65, this law violates the rights of all Texans.”
Why CCIA and NetChoice sued: CCIA and NetChoice represent the interests of the communications and technology industry. Their members include Meta, X, Google and eBay.
In their lawsuit, the plaintiffs argue that HB 18 violates the First Amendment’s right to free speech by forcing websites to monitor and remove certain types of speech and by restricting minors’ access to legal speech.
The plaintiffs argue that parents already have the means to regulate whether and how their underage children use the Internet and that the companies they represent effectively moderate their content.
The lawsuit relied heavily on CCIA and NetChoice’s recent complaint against House Bill 20, a 2021 Texas law that prohibits major social media companies from blocking users’ posts based on their political views.
“Just like its last attempt, Texas has passed a law that targets disadvantaged online publishers and their dissemination of protected, valuable speech on the Internet,” the filing said.
What the state says: Attorney General Ken Paxton, who is named as a defendant in both lawsuitsSdid not respond to The Texas Tribune’s request for comment.
Major impacts: HB 18 is part of a growing body of state legislation designed to regulate how social media companies moderate their content. The outcome of this case could impact ongoing cases in Texas and other states.
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