• by Wendy Davis , Yesterday

A Texas law that restricts teens' ability to access apps is a "full-scale, first-of-its-kind assault on the First Amendment," the tech organization Computer & Communications Industry Association said in papers filed late Wednesday with the Supreme Court.

The organization, along with the student association Students Engaged in Advancing Texas, is urging the Supreme Court to immediately reinstate an injunction blocking enforcement of the Texas App Store Accountability Act (SB 2420).

That law, passed last year, requires Google and Apple to verify users' ages and prevent minors from downloading apps or making in-app purchases without parental consent. The statute also requires developers to say whether their apps -- as well as particular in-app purchases -- are appropriate for children under 13, young teens (ages 13 -15), older teens (ages 16-17) or adults 18 and older.

U.S. District Court Judge Robert Pitman in Austin blocked the law before it took effect, ruling that it likely violates the First Amendment.

Texas Attorney General Ken Paxton appealed, arguing that the law merely regulates minors' ability to enter into contracts, such as terms-of-service agreements.

A three-judge panel of the conservative 5th Circuit Court of Appeals sided with him and lifted the block. Two of the panel judges said in a written opinion that the law "at most" regulates proposed commercial transactions.

The Computer & Communications Industry Association and Students Engaged in Advancing Texas both argue the Supreme Court should reject that conclusion.

"SB2420 targets expression that does far more than propose a commercial transaction: It applies to the downloading of virtually any app (including free ones) and virtually any content within an app (including e-books or newspaper articles)," the tech group writes in its newest papers.

Students Engaged in Advancing Speech adds in its separate filing that the law expressly requires app developers to rate whether their content is appropriate for minors.

"Far from merely regulating commercial transactions, the Act thus compels the creation of categories of disfavored content and presumptively prevents Texas teenagers from accessing e-books, videos, music, commentary, news, live events, and more," the student group argues.

Paxton earlier this week urged the Supreme Court to continue allowing enforcement. Among other arguments, he reiterated his view that the law regulates "contracts" between minors and app stores or developers, and imposes only an "incidental burden" on speech.

"In the same way that the State can deny drivers’ licenses to children under sixteen, even though some fourteen-year-olds may wish to drive to a bookstore and purchase a book, the State can restrict children’s downloads of software applications to mobile devices as a product category, even if some children may wish to use applications to engage in expressive conduct," he argued in papers filed Monday.

Students Engaged in Advancing Texas took issue with that analogy, writing: "The better analogy would be to a law mandating that teens get parental permission to enter a library or bookstore and, once inside, permission for each and every book they want to take home."

That group adds that the "plain text" of the statute shows that lawmakers were concerned about content.

"The law restricts access not only to apps themselves, but also to in-app downloads and purchases -- for example, study guides, podcasts, playlists, e-books, movies, and articles," the group writes.

The Supreme Court has not yet indicated when it will rule.