Judge Blocks Texas App Store Age Verification Law
A federal judge blocked Texas' app store age-verification law, ruling it likely violates the First Amendment by forcing platforms to gate speech and collect data in an overly broad way. The law was set to go into effect on January 1, 2026. The Verge reports: In an order granting a preliminary injunction on the Texas App Store Accountability Act (SB 2420), Judge Robert Pitman wrote that the statute "is akin to a law that would require every bookstore to verify the age of every customer at the door and, for minors, require parental consent before the child or teen could enter and again when they try to purchase a book." Pitman has not yet ruled on the merits of the case, but his decision to grant the preliminary injunction means he believes its defenders are unlikely to prevail in court.
Pitman found that the highest level of scrutiny must be applied to evaluate the law under the First Amendment, which means the state must prove the law is "the least restrictive means of achieving a compelling state interest." The judge found this is not the case and that it wouldn't even survive intermediate scrutiny, because Texas has so far failed to prove that its goals are connected to its methods. Since Texas already has a law requiring age verification for porn sites, Pitman said that "only in the vast minority of applications would SB 2420 have a constitutional application to unprotected speech not addressed by other laws." Though Pitman acknowledged the importance of safeguarding kids online, he added, "the means to achieve that end must be consistent with the First Amendment. However compelling the policy concerns, and however widespread the agreement that the issue must be addressed, the Court remains bound by the rule of law." "The Texas App Store Accountability Act is the first among a series of similar state laws to face a legal challenge, making the ruling especially significant, as Congress considers a version of the statute," notes The Verge. "The laws, versions of which also passed in Utah and Louisiana, aim to impose age verification standards at the app store level, making companies like Apple and Google responsible for transmitting signals about users' ages to app developers to block users from age-inappropriate experiences."
"The state can still appeal the ruling with the Fifth Circuit Court of Appeals, which has a history of reversing blocks on internet regulations."
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