AUSTIN (KXAN) — A federal judge issued a preliminary injunction in a lawsuit filed against Texas Attorney General Ken Paxton in connection with House Bill 18, which is a new state law designed to protect children from harmful online content.
The “Securing Children Online through Parental Empowerment” — or “SCOPE” Act — requires digital service providers to obtain parental permission before letting minors online. Platforms would be required to include in their user agreements an option for parents to permanently enable certain content settings.
The bill’s author, Stephenville Republican Shelby Slawson, said last year the law would shield susceptible minors from content relating to drug use, self harm and sex trafficking.
The plaintiff, Computer & Communications Industry Association and Netchoice, LLC allege that the SCOPE Act, “violates the First Amendment because it is a content-based law that does not survive strict scrutiny.”
In a response to the injunction, Paxton argued the plaintiffs “lacked standing” to bring forth the lawsuit and that “HB 18 should not be classified as a whole,” as many provisions are not content based and therefore survive strict scrutiny “to the extent the First Amendment applies at all.”
Ryan Chandler contributed to this report