Supreme Court Permits Enforcement of Texas Law Restricting Minors’ App Downloads
Spectators take photos with their smartphones during a World Cup match at the Houston Stadium in Houston on June 23. The Supreme Court is allowing Texas to enforce a law that limits minors’ access to app stores on mobile devices while lawsuits continue in the lower courts.
Paul Ellis/AFP via Getty Images
The Supreme Court has given Texas the green light to move forward with implementing a law that restricts minors from downloading apps without parental consent. This decision comes as the legal battles over the law continue in the lower judiciary.
Several organizations filed lawsuits against Texas claiming that this legislation infringes on the free speech rights of minors. The Supreme Court, however, in an unsigned order, has permitted Texas to apply the law while the court cases proceed.
Established as the App Store Accountability Act, this law mandates age verification for app store users and restricts those under 18 from downloading most apps without parental approval. The state has defended the law as a measure to protect minors from “harmful” online material.
Opponents of the law argue it is unconstitutional, citing Supreme Court precedents that recognize significant free speech rights for children. Texas has countered that the law deals with “commercial speech,” which enjoys less constitutional protection.
Although exceptions exist for emergency services and college exam apps, most applications, including social media and news apps, require parental consent for minors.
Initially, a lower court blocked the law citing restrictions on minors’ participation in online discussions, but the Fifth Circuit Court of Appeals reinstated it in June. The Supreme Court’s recent decision maintains the law as it undergoes further scrutiny in the courts.
Similar legislative measures have been adopted in states like Utah, Louisiana, and Alabama.
This isn’t the first instance of the Supreme Court addressing minors’ online access. Previously, the court upheld a Texas law mandating age verification for pornographic websites. However, the court has historically treated the availability of explicit content to minors differently from other internet access issues.
While the Supreme Court’s latest decision doesn’t affirm the law’s constitutionality, it indicates a preliminary stance in its favor as legal proceedings continue.
