A recent ruling by a US federal court has temporarily halted the enforcement of a new Texas law mandating age verification for downloading mobile apps and accessing online content. Judge Robert Pitman of the US District Court for the Western District of Texas issued a preliminary injunction against Texas Senate Bill 2420, also known as the Texas App Store Accountability Act, which was poised to take effect in January 2026. The case highlights the ongoing struggle between state regulation and constitutional freedoms, particularly focusing on the First Amendment.
The court’s decision centered around the argument that the law imposes content-based restrictions on speech. Applying the strict scrutiny standard, the court determined that Texas did not demonstrate the use of the least restrictive means to achieve its objectives. Under strict scrutiny, a law must serve a “compelling state interest” and be “narrowly tailored” to meet that interest. While the law sought to address concerns over children’s screen time and exposure to harmful content, the court emphasized that these policy goals must align with First Amendment protections.
Other issues identified by the court included the vagueness of the law, especially regarding the liability provisions for app developers who might “knowingly misrepresent” age ratings without clear standards or definitions. This lack of clarity complicates compliance and increases the risk of arbitrary enforcement. The law also mandated parental consent for minors wishing to download or make in-app purchases, creating additional hurdles for app developers and platform operators.
Legal challenges to the law were spearheaded by the Computer & Communications Industry Association, whose members include major app store operators like Apple and Google. They contended that Texas’s regulations amounted to unconstitutional restrictions on speech. This ruling follows previous First Amendment challenges in the same court against Texas’s regulatory efforts, such as the Securing Children Online Through Parental Empowerment Act, aimed at moderating minors’ digital activities on social media platforms.
The decision underscores the judiciary’s role in balancing regulatory intentions with constitutional freedoms. As digital platforms continue to grow, states may pursue regulations addressing children’s online safety, but these efforts must consistently pass constitutional scrutiny. For more details on the injunction and its implications, further information can be found here.