Free speech groups challenge Texas law requiring parental consent for kids’ social media

The Foundation for Individual Rights and Expression, a free speech advocacy group, has sued Texas Attorney General Ken Paxton to block a new Texas law that would require platforms like Instagram and Facebook to register the age of all users and get consent from a parent or guardian before minors create an account.

It's at least the second lawsuit seeking to prevent the law from going into effect Sept. 1. Two tech industry groups, the Computer and Communications Industry Association and NetChoice, also sued last month to block the age verification law.

Here’s what you need to know.

The background: Texas lawmakers in 2023 passed House Bill 18 , known as the Securing Children Online through Parental Empowerment Act, to limit minors’ access to social media platforms and to protect them from seeing harmful content if they do gain access.

State Rep. Shelby Slawson , R-Stephenville, carried the bill and said its purpose was to give parents more control of how minors’ information is collected and used by digital service providers, which are companies that operate websites, applications, programs or software that collects or processes personal identifying information.

Lawmakers said children’s overexposure to digital platforms resulted in increased rates of self-harm, suicide, substance abuse, sexual exploitation, human trafficking and other mental health issues. “Texas parents have had enough,” Slawson said in a statement after the bill was voted out of a House committee.

Under the law, digital service providers would have to get a parent or guardian’s consent before allowing a minor to create an account. And it forces those companies to give parents the ability to supervise the minor’s use of the digital platform. The law also requires social media platforms to figure out ways to prevent children’s exposure to “harmful” material, such as content that promotes self-harm or substance abuse.

The law goes into effect on Sept. 1.

Why FIRE sued: FIRE is suing on behalf of four plaintiffs — a software engineer who uses Instagram to share content about mental health, a 16-year-old high school student who uses social media to obtain news, an Austin-based company that produces advertising directed at minors and a student-run organization engaged in policymaking. Each plaintiff relies on social media for communication and activism; they argue in their legal filing that the age-verification law could block them from accessing vital information.

“In a misguided attempt to make the internet ‘safe,’ Texas’ law treats adults like children,” FIRE Chief Counsel Bob Corn-Revere said in a statement. “But even minors have First Amendment rights. Whether they’re 16 or 65, this law infringes on the rights of all Texans.”

Why CCIA and NetChoice sued: CCIA and NetChoice represent the interests of the communications and tech industries. Their members include Meta, X, Google and eBay.

In their legal filing , the plaintiffs argue that HB 18 unconstitutionally violates First Amendment free speech rights by forcing websites to monitor and remove certain types of speech and by restricting minors’ access to lawful speech.

Plaintiffs argue that parents already have tools to regulate if and how their minor children use the internet and that the companies they represent effectively moderate their content.

The legal filing pulled heavily from CCIA and NetChoice’s recent complaint against House Bill 20 , a 2021 Texas law prohibiting large social media companies from banning users’ posts based on their political viewpoints.

“Just like its last attempt, Texas has enacted a law targeting disfavored online publishers and their dissemination of protected, valuable expression online,” the filing states.

What the state says: Attorney General Ken Paxton, named as the defendant in both lawsuit s , did not respond to The Texas Tribune’s request for comment.

Broader impact: HB 18 is part of a growing number of state laws that attempt to regulate how social media companies moderate their content. The outcome of this case could affect ongoing cases in Texas and other states.

This article originally appeared in the Texas Tribune .

The Texas Tribune is a member-supported, nonpartisan newsroom informing and engaging Texans on state politics and policy. Learn more at texastribune.org.