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5th Circuit Blocks Texas Law Requiring Websites to Filter "Harmful" Speech for Minors
Key points
- 5th Circuit blocked Texas law requiring websites to filter content for minors.
- The court cited Section 230 preemption.
- Big Tech lobby groups challenged the law.
- The ruling upholds a preliminary injunction against the SCOPE Act.
Court Blocks Texas Content Filtering Law
The US Court of Appeals for the 5th Circuit ruled on Friday that Texas cannot enforce a law requiring websites to block minors from viewing "harmful" speech. This decision prevents the implementation of a key provision within the state's Securing Children Online through Parental Empowerment Act (SCOPE Act).
Section 230 Preemption Cited
The court's 2-1 ruling sided with Big Tech lobby groups, including the Computer & Communications Industry Association (CCIA) and NetChoice, which challenged the law. Judges stated that the monitoring and filtering requirements of the SCOPE Act are preempted by Section 230 of the federal Communications Decency Act of 1996. Section 230 prohibits treating interactive computer services as the publisher or speaker of third-party content.
Upholding Preliminary Injunction
The ruling upholds a preliminary injunction granted by a district court in August 2024. Texas Attorney General Ken Paxton appealed this injunction, but the 5th Circuit panel found that CCIA and NetChoice demonstrated a likelihood of success on the merits of their preemption claim, thus supporting the district court's decision to block enforcement of the monitoring and filtering rules.
Industry Response
NetChoice commented that the law "would have forced websites to censor broad, vaguely defined categories of lawful speech." The organization emphasized that parents, not the government, are best positioned to decide what is appropriate for their families, and the ruling protects this right.
Context of 5th Circuit Rulings
While the 5th Circuit is known for upholding Texas laws imposing obligations on websites, such as a 2024 age-verification requirement for porn websites, this particular ruling found the content filtering mandate to be preempted by federal law.
✨ This summary was generated by AI from the outlets' reporting listed below. It is not independently verified and may contain errors — check the original sources. How BrevFeed works →
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Reporting from
The US Court of Appeals for the 5th Circuit blocked a Texas law that would have required websites to monitor and filter content deemed harmful to minors. The court ruled that Section 230 of the federal Communications Decency Act of 1996 preempts the state law's filtering requirements, preventing its enforcement.