A judge has once again blocked parts of Texas' effort to regulate online content for minors, citing constitutional concerns.
Texas' Securing Children Online through Parental Empowerment (SCOPE) Act, a law aimed at restricting minors' access to certain online content, has been partially blocked for a second time following a legal challenge. Austin District Court Judge Robert Pitman granted a preliminary injunction against parts of the law, ruling that its restrictions on digital service providers (DSPs) were too broad and vague to be enforceable.
The SCOPE Act (House Bill 18), passed during the 88th Legislative Session, was designed to require parental consent before minors could enter agreements with DSPs, such as social media platforms. The law also mandated greater transparency regarding how online platforms use advertising and algorithms to target minors.
However, the law has faced legal opposition since its passage. The Foundation for Individual Rights and Expression (FIRE) filed a lawsuit in August 2024 on behalf of Students Engaged in Advancing Texas, challenging the constitutionality of the restrictions.
Judge Pitman, in his latest ruling, stated that while Texas has a legitimate interest in protecting minors online, the SCOPE Act “is not narrowly tailored” and “employs overbroad terminology.” He pointed to vague terms in the law—such as “grooming,” “harassment,” and “substance abuse”—as problematic, arguing that they are unclear and could restrict legal speech.
“Even accepting that Texas only wishes to prohibit the most harmful pieces of content, a state cannot pick and choose which categories of protected speech it wishes to block teenagers from discussing online,” Pitman wrote.
This marks the second time Pitman has blocked parts of the SCOPE Act. In September 2024, he ruled against the law’s monitoring and filtering requirements, determining they posed a threat to free speech.
Legal experts argue that the law risks violating First Amendment protections. FIRE Chief Counsel Bob Corn-Revere reinforced this concern, stating:
“The court determined that Texas’s law was likely unconstitutional because its provisions restricted protected speech and were so vague that it made it hard to know what was prohibited.”
Texas has struggled to defend its internet speech laws in recent years. Another measure, House Bill 20, aimed at limiting social media censorship, was previously struck down by the U.S. Supreme Court, which sent the case back to the 5th Circuit Court of Appeals.
With this latest ruling, Texas lawmakers face yet another legal setback in their attempts to regulate online content. The case is likely far from over, as state officials consider their next legal move.
