• by Wendy Davis  @wendyndavis, August 19, 2024

Citing the First Amendment, a coalition of Texas students and organizations is seeking to block a new state law that prohibits social media platforms from serving “harmful” content to minors.

The law unconstitutionally restricts teens' right “to access and disseminate constitutionally protected content,” and also burdens adults' free-speech by “forcing them to sacrifice anonymity or privacy to exercise their First Amendment rights,” the coalition alleges in a complaint filed late last week in federal court in Austin.

Last month, the tech industry groups NetChoice and Computer & Communications Industry Association separately sought an injunction prohibiting Texas from enforcing key provisions of the Securing Children Online through Parental Empowerment Act (HB 18).

That bill, passed last year, requires social platforms to use filtering technology to screen out content deemed harmful by state lawmakers -- including material that facilitates eating disorders, self-harm, substance abuse, and “grooming ... or other sexual exploitation or abuse.”

The statute also requires social platforms to verify users' ages, and allow parents to access accounts of children under 18. Another provision prohibits social media companies from showing targeted ads -- including public service messages and informational ads -- to minors, without parental consent.

Key provisions of the law are slated to take effect September 1, unless blocked in court.

The coalition -- which includes individual students as well as the advocacy organization Students Engaged in Advancing Texas and the advertising company Ampersand Group -- say the law, if allowed to take effect, will wrongly restrict constitutionally protected speech. The First Amendment generally prohibits the government from censoring lawful speech, even if considered potentially harmful -- including material dealing with drug use, eating disorders or suicide.

The coalition alleges that the law will prevent Students Engaged in Advancing Texas from “using social media to discuss policymaking on issues of relevance to Texas youths--such as a school board attempting to ban books regarding substance abuse, bullying, violence, and LGBTQ+ topics.”

The complaint also alleges that the law would restrict The Ampersand Group -- which handles advertising for nonprofits, government agencies and local businesses -- from attempting to send public service messages to teens.

For instance, the coalition says the law will prevent The Ampersand Group from sharing information with teens on social media about fentanyl dangers, or signs of sex trafficking.

Other states including Arkansas, Utah, Ohio, Mississippi, New York and California have also passed restrictions affecting teens' use of social media.

NetChoice has sued over several of those laws, and has so far succeeded in obtaining injunctions against enforcement in California, Arkansas, Ohio and Mississippi.