FIREEngaged in Advancing Texas v. Paxton: FIREsues to block Texas鈥檚 unconstitutional internet age verification law
Cases
Case Overview
Texas has a new law that attempts to childproof the internet by limiting the free speech rights of adults. Starting September 1, 2024, the Securing Children Online through Parental Empowerment Act, or 鈥溾, would pressure websites to collect adult Texans鈥 government IDs or biometric data to check if they are 18 or older before they can view lawful content online. Anyone without a government ID or who doesn鈥檛 want to show their papers to access certain websites will effectively be banned from viewing constitutionally protected content.
But burdening adults who want to view online content that is fully legal for adults violates the First Amendment.
While Texas says the law is meant to limit minors鈥 access to 鈥渉armful鈥 content, the Constitution doesn鈥檛 kick in when you turn 18 and kids don鈥檛 need a parental permission slip to exercise their First Amendment rights.
And the SCOPE Act isn鈥檛 actually making anyone safer. It would only make it harder for young people to find help when battling mental illness or sexual abuse.
For example, Plaintiff Brandon Closson is a software engineer who shares his stories and strategies for coping with bipolar disorder, but the SCOPE Act would prevent his younger followers with similar mental health challenges from seeing his helpful information. Another plaintiff, M.F., is a rising high school junior who is concerned that he鈥檇 be blocked from websites that could help him prepare for a school debate on legalizing marijuana. And yet another, Plaintiff The Ampersand Group, runs ad campaigns on gun-violence prevention, public health, sex-trafficking awareness and other issues. The SCOPE Act would hinder the Group鈥檚 ability to target young people who might benefit from that advocacy the most.
Texas is not the first state to attempt to childproof the internet 鈥 and courts have already blocked similar laws in California, Arkansas, Mississippi, and Ohio. And as with Utah鈥檚 age-verification bill, which FIRE is also challenging in federal court, the SCOPE Act treats adults like children and erodes children鈥檚 First Amendment rights too. But the SCOPE Act combines all the worst aspects of these bills. It has Utah鈥檚 age restrictions, the age-appropriate design problems of California, the same 鈥榟armful to minors鈥 standard from the earlier Texas law 鈥 it鈥檚 the Frankenstein鈥檚 monster of internet speech control.
On August 16, 2024, FIREsued Texas Attorney General Ken Paxton in federal court to stop enforcement of the SCOPE Act, representing four plaintiffs from all walks of life whose free-speech rights would be threatened by the Act.
