Judge blocks Texas app store age verification law

A federal judge has blocked a Texas law requiring mobile app stores to verify users’ ages, effective Jan. 1.

In an order granting a preliminary injunction over Texas’ App Store Accountability Act (SB 2420), Judge Robert Pittman wrote that the law “is similar to one that requires every bookstore to verify the age of every customer at the door and, for minors, requires parental consent before a child or teen can enter and again when they attempt to purchase a book.” Pittman has not yet ruled on the merits of the case, but his decision to grant the preliminary injunction means he believes his defenders are unlikely to prevail in court.

Texas’ app store accountability law is the first of a series of similar state laws to face a legal challenge, making the ruling particularly important as congress considers a version of the law. The laws, versions of which have also passed in Utah and Louisiana, aim to enforce age verification standards at the App Store level, making companies like Apple and Google responsible for relaying signals about users’ ages to app developers to prevent users from age-inappropriate experiences. Although the format was developed and supported by parent advocates, it received a boost from lobbying by Meta and other technology platforms that support the model, such as Snap and X.

The Computer and Communications Industry Association (CCIA), whose members include Apple, Google and Meta, filed a lawsuit to block the law from taking effect, saying it “imposes a broad censorship regime over the entire world of mobile applications.” The group claims that the Texas law would impose prohibitive burdens on teens’ ability to access online speech, requiring them and their parents to give up information in order to access various applications. A student advocacy group has separately sued to block the law, arguing that it unconstitutionally limits the freedom of expression to which children can be exposed. The state affirmed that the law is constitutional and must be respected.

The state can still appeal the ruling to the 5th Circuit Court of Appeals, which has a history of overturning bans on Internet regulations. Attorney General Ken Paxton’s office did not immediately respond to a request for comment on the ruling and his plans to appeal.

Pittman found that the highest level of scrutiny must be applied to evaluate the law under the First Amendment, meaning that the state must prove that the law is “the least restrictive means of achieving a compelling state interest.” The judge found that was not the case, and that it would not survive even moderate scrutiny, because Texas had so far failed to prove that its goals were connected to its methods.

Since Texas already has a law requiring age verification for porn sites, Pittman said that “only in the vast minority of requests will SB 2420 have constitutional application to unprotected expression not addressed by other laws.” Although Pittman acknowledged the importance of protecting children online, he added that “the means to achieve this end must be consistent with the First Amendment. No matter how compelling the political concerns are, and no matter how broad agreement there is on the need to address this issue, the Court remains bound by the rule of law.”

Apple has opposed the state of Texas’ approach to App Store age verification, with CEO Tim Cook reportedly going so far as to call Governor Greg Abbott to try to dissuade him from signing the law. Google also opposed that, but came up with a different model to ensure the lifespan of the App Store recently passed in California, which would require less data collection.

Recently, a House Energy and Commerce Subcommittee introduced two versions of App Store age cap bills that borrow aspects of the Texas and California versions. Efforts to expand the proposal nationally have alarmed Apple, as Cook met with committee leaders the day before the rate increase to discuss the bills.

As age verification proposals targeting app stores advance in states and Congress, the companies that run them also appear to be responding to the growing regulatory threat by making proactive changes. Apple, for example, announced new child safety features this year that included a way for parents to share their children’s age ranges with app developers.