Judge allows parental consent for Texas children’s social media accounts, but blocks content moderation requirement

AUSTIN – On August 30, a federal district court judge temporarily blocked part of a new social media law that aims to prevent children in Texas from accessing certain online content through platforms like Instagram and Facebook.

Judge Robert Pitman ruled unconstitutional that social media companies must filter harmful content, such as self-harm or substance abuse, from a minor’s feed. Pitman, however, did not block other parts of the law, including the requirement that parents give consent for their child to create an account.

The ruling is temporary, meaning it only lasts until a final verdict is issued in a legal battle by two technology industry groups, the Computer and Communications Industry Association and NetChoice, which sued in July to block the law. A separate lawsuit to block the law was filed by the Foundation for Individual Rights and Expression, a free speech advocacy group. A decision in that case is still pending.

Here’s what you need to know.

Background: In 2023, Texas lawmakers passed House Bill 18, known as the Keeping Children Safe Online by Empowering Parents Act, aimed to limit minors’ access to social media platforms and protect them from harmful content if they do manage to access them.

State Rep. Shelby Slawson, R-Stephenville, introduced the bill and said it aims to give parents more control over how information about minors is collected and used by digital service providers, or companies that operate websites, apps, programs or software that collect or process personal information.

Lawmakers said children’s overexposure to digital platforms has led 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 defeated by a House committee.

The law would require digital service providers to get consent from a parent or guardian before allowing a minor to create an account. And it forces those companies to allow parents to supervise a minor’s use of a digital platform. The law also requires social media platforms to develop ways to prevent children from being exposed to “harmful” material, such as content promoting self-harm or substance abuse.

The parts of the law that have not been blocked go into effect Sept. 1. The Texas Tribune asked Meta, TikTok and Snap Inc. whether they will comply with the law. None of the companies responded to the Tribune’s inquiry, and it is unclear whether the companies will comply with the parts of the law that are enforceable.

Why FIRE sued: FIRE is suing on behalf of four plaintiffs — a software engineer who uses Instagram to share content about mental health, 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 policy organization. Each plaintiff relies on social media for communication and activism, and their lawsuit argues that age-verification laws could prevent them from accessing key information.

“In the misguided effort to make the internet ‘safe,’ Texas law treats adults like children,” FIRE Chief Counsel Bob Corn-Revere said in a statement. “But even minors have First Amendment rights. Whether they’re 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 industries. Their members include Meta, X, Google, and eBay.

In the lawsuit, the plaintiffs argue that HB 18 constitutionally violates the First Amendment right to free speech by requiring websites to monitor and remove certain types of speech and by restricting minors from accessing lawful speech.

The plaintiffs argue that parents already have the tools to regulate whether and how their minor children use the Internet, and the companies they represent effectively moderate content posted online.

The lawsuit relied heavily on the recent complaint by CCIA and NetChoice against House Bill 20, a law passed in Texas in 2021 that prohibits major social media companies from blocking users’ posts based on their political views.

“As before, Texas has passed a law targeting unpopular internet publishers and their distribution of protected, valuable content online,” the document reads.

What the state says: Attorney General Ken Paxton, named as a defendant in both lawsuits, did not respond to The Texas Tribune’s request for comment.

Broader impact: HB 18 is part of a growing number of state laws that are trying to regulate how social media companies moderate their content. The outcome of this case could affect ongoing cases in Texas and other states. Other states, including Mississippi, Ohio and California, that have tried to pass similar legislation have so far been blocked by courts.

Disclosure: Facebook 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 Tribune journalism. Find the full list here.

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This article originally appeared in The Texas Tribune. The Texas Tribune is a member-supported, nonpartisan newsroom that informs and engages Texans in state politics and policy. Learn more at texastribune.org.