• by Wendy Davis  @wendyndavis, September 12, 2024

Texas Attorney General Ken Paxton is urging a federal judge to leave in place restrictions on social media platforms' ability to collect minors' data and serve them with targeted ads.

In papers filed Wednesday with U.S. District Court Judge Robert Pitman in Austin, Paxton argues that a user-led coalition challenging those restrictions lacks “standing” to proceed because the law only imposes obligations on social platforms, not on their users.

The Securing Children Online through Parental Empowerment Act (HB 18) directs social platforms to ask users their ages, and then deploy filtering technology to block "harmful" content to minors. The statute defines harmful content as including material that “promotes,” “glorifies,” or “facilitates” eating disorders, self-harm, substance abuse, and “grooming ... or other sexual exploitation or abuse.”

The bill also requires platforms to limit the collection of minors' information, and prohibits platforms from serving targeted ads to minors, without parental consent. The statute doesn't define targeted advertising.

The measure is currently being challenged in two separate lawsuits -- one by the tech industry groups NetChoice and Computer & Communications Industry Association, and the other by the coalition that includes the advocacy group Students Engaged in Advancing Texas and Ampersand Group, which handles advertising for nonprofits, government agencies and local businesses.

Pitman recently blocked some portions of the law in response to the lawsuit by the tech industry organizations. Specifically, Pitman enjoined enforcement of the provisions requiring tech platforms to filter potentially harmful material, ruling that those provisions likely violate the First Amendment.

But Pitman denied the tech groups' request to block other portions of the law, including the ban on targeted advertising. He said it wasn't immediately apparent to him that those provisions are unconstitutional, but added that they might be blocked in the future.

That ruling seemingly left open the opportunity for Students Engaged in Advancing Texas and Ampersand Group to pursue their challenge to the restrictions on data collection and targeted advertising.

Counsel for the coalition alleged in its initial request for an injunction that the law will prevent Ampersand Group from serving teens with public service messages -- including warnings about fentanyl dangers, or signs of sex trafficking.

Paxton contends those allegations are too vague to warrant an injunction.

“Plaintiffs did not establish that they have concrete plans to view or post advertisements restricted by HB 18 in the near future,” he argues. “For instance, what specific ads are at issue? On which digital service? When will these ads be viewed/posted? Plaintiffs never really explain.”

He also argues that the law should be interpreted as restricting only “commercial” targeted ads.

Pitman hasn't yet said when he will rule on the coalition's request.