Washington – The Computer & Communications Industry Association has filed a lawsuit challenging Alabama’s App Store law, alleging it violates First Amendment protections to speak and access information. The law would require all users to provide personal data to access content in App Stores so that companies can enforce the new age restrictions and parental consent requirements. The Alabama law can also be read to compel speech by requiring app developers to “age-rate” their content into several subcategories, another measure that conflicts with federal law.
In its filing, the Association explains how Alabama’s new law violates the First Amendment rights of app stores, app developers, parents, and children. “[T]he law walls off virtually all mobile apps behind a series of verification and consent gates. That includes apps that facilitate core political or educational speech; creative or artistic expression; religious instruction and information; or the exchange of ideas, information, and culture.”
A federal district judge ruled a similar App Store law in Texas is likely unconstitutional and initially blocked it from being enforced, but a federal appeals court overrode that injunction.
The following can be attributed to CCIA President & CEO Matt Schruers:
“Users should not have to provide ID to access information and applications online any more than they would to enter a bookstore. Alabama’s law would mean not only teens, but all internet users, would need to show government ID to prove their age before accessing information and apps. The First Amendment protects the rights of citizens of all ages to access information, and the rights of software distributors and developers to disseminate lawful speech.”
