Washington – The Fifth Circuit Court of Appeals has affirmed a preliminary injunction that blocked Texas from enforcing its social media law HB18, known as the Securing Children Online through Parental Empowerment Act. CCIA and its co-plaintiff NetChoice obtained that injunction based on longstanding legal principles that the Texas law violates the First Amendment by restricting, and in many cases banning, access to protected online speech. The Court of Appeals’ decision affirms that decision, relying on the fact that it conflicts with federal law, and thus not reaching the question of the First Amendment.
The following can be attributed to CCIA President & CEO Matt Schruers:
“In the name of safety, Texas would age-gate the internet, force the collection of sensitive personal information, and conscript websites into filtering lawful speech on the State’s behalf.
“From the outset, we’ve made clear that HB18 conflicts with longstanding federal law and constitutional protections. The Fifth Circuit has now confirmed that federal law bars Texas from impressing websites and services into the role of state censors. These choices must be made by services and their users, not the State.”
