Texas Law HB 18, known as the Securing Children Online Through Parental Empowerment (SCOPE) Act, aimed to protect minors online by requiring large web services to identify minors and filter what they see online. Signed into law last year, HB 18 was set to take effect on September 1st, but a federal judge issued a last-minute partial block on certain provisions of the law. The law required web services, particularly large social networks, to apply special rules to users under the age of 18, including limitations on data collection, targeted advertising, financial transactions without parental consent, and prevention of exposure to harmful material.
Tech industry groups NetChoice and the CCIA, along with the Foundation for Individual Rights and Expression (FIRE), filed lawsuits against the law, arguing that it unconstitutionally restricted freedom of expression. On August 30th, Judge Robert Pitman granted an injunction on the monitoring and filtering rules, while allowing other provisions of the law to remain in force. However, the judge voiced concerns about the vague definitions and potential overreach of terms used in the law, such as “promoting,” “glorifying,” and “substance abuse.”
Judge Pitman criticized the monitoring and filtering rules of HB 18, highlighting the broad and politically charged nature of the terms used in the law. The judge raised questions about the selective enforcement of the law, which could lead to censorship of certain content based on subjective interpretations. Additionally, the law was criticized for restricting minors from participating in online discussions and the exchange of views, potentially limiting their exposure to diverse perspectives and ideas.
While the injunction only covers certain aspects of the law, it is part of a larger trend where state-level internet regulations face legal challenges and are partially blocked by courts. Texas Law HB 18 joins other statutes, such as California’s Age-Appropriate Design Code Act, Arkansas, Ohio, and Mississippi, in facing scrutiny for potentially infringing on free speech rights online. The legal battle over the SCOPE Act is ongoing, and its ultimate impact on online free speech remains uncertain.
Texas Law HB 18, while well-intentioned in its goal to protect minors online, raised significant concerns about its potential impact on free speech and expression. The vague definitions and broad terms used in the law could lead to arbitrary enforcement and censorship of online content. As the legal battle over the SCOPE Act continues, it is essential to balance the protection of minors with the preservation of free speech rights online.