A coalition challenging Texas's social media law says new restrictions on targeted advertising are hindering political advocacy efforts, including an attempt to inform young people about efforts to repeal recent controversial laws.
The restrictions on ad targeting prevent the organization “from fulfilling its mission of promoting student involvement in advocacy, legislative efforts, and education on issues of importance to youths,” Cameron Samuels, executive director of Students Engaged in Advancing Texas, said in a declaration submitted this week to U.S. District Court Judge Robert Pitman in Austin.
Samuels adds that the group would like to use targeted ads to promote discussion of issues including advocating for the repeal of state law that restricts students' access to library books, as well as a law that bans gender-affirming healthcare for minors.
The new declaration comes in support of the group's request for an injunction blocking the Securing Children Online through Parental Empowerment Act (HB 18), which partially took effect earlier this year.
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That law 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 measure 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 law is being challenged on First Amendment grounds in two separate lawsuits -- one by the tech industry groups NetChoice and Computer & Communications Industry Association, and the other by Students Engaged in Advancing Texas and Ampersand Group, which handles advertising for nonprofits, government agencies and local businesses.
In late August, Pitman blocked some portions of the law in response to the lawsuit by NetChoice and Computer & Communications Industry Association, including provisions that would have required platforms to filter potentially harmful material. Texas officials have appealed that part of the ruling to the 5th Circuit Court of Appeals, which hasn't yet issued a decision.
Pitman denied the tech groups' request to block other provisions of the social media law, including the bans on targeted advertising and data collection. He said it wasn't immediately apparent to him that those provisions are unconstitutional, but left open the possibility of blocking those restrictions in the future.
That ruling allowed Students Engaged in Advancing Texas and Ampersand Group to pursue their request for a block on the entire law. Those groups initially alleged that the law could affect them in several ways, including by restricting the Ampersand Group from sending public service messages and information ads to teens about matters like fentanyl dangers, or signs of sex trafficking.
Texas Attorney General Ken Paxton in September argued that 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 argued in papers filed in September. “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 said the law should be interpreted as restricting only “commercial” targeted ads.
Jaryn Holbrook Janeway, chief operating officer of the Ampersand Group, counters in a declaration filed this week that since the law took effect the agency has stopped pursuing grants that would involve reaching teens.
“For example, we decided not to pursue a grant to conduct advertising for Sandy Hook Promise--a nonprofit organization focused on protecting children from school shootings, violence, and other harmful acts,” Janeway stated in the declaration.
“It is heartbreaking to know that we are now unable to reach Texas teens with, for example, advertisements related to school safety, health services, education, and resources for disadvantaged and marginalized youths--leaving minors less informed about the world around them and less safe,” Janeway added.
Pitman hasn't yet indicated when he will rule.