Texas can temporarily require digital app stores to verify ages and require parental consent before allowing minors to download apps or make in-app purchases, a federal appeals court ruled.
The Texas Attorney General’s office appealed the decision and, on Thursday, the 5th U.S. Circuit Court of Appeals said the law can go into effect while it reviews the appeal. No explanation for the move was offered.
The law was created by Senate Bill 2420, which was set to take effect Jan. 1. Beyond age and consent verification, it requires developers to disclose whether their apps are appropriate for people in four age categories: children under 13, those aged 13-15, older teens ages 16-17 or adults 18 or older.
The Computer & Communications Industry Association, a technology trade group, and Students Engaged in Advancing Texas, an advocacy group, challenged the law in separate lawsuits in October.
In Pitman’s Austin courtroom, the state had unsuccessfully argued the act was a consumer-protection law, not unconstitutional censorship. It said the law didn’t place an undue burden on Google and Apple, which have some parental approval systems in place.
The judge, while finding that the state does have a legitimate interest in protecting those younger than 18 from some of the content offered online and through apps, said the scope of the law was too great and did not appear content-neutral. In his order, Pitman compared the law to one that would require every person entering a bookstore to provide ID or proof of parental approval before buying a book.
Several nonprofits focused on strengthening parental rights filed amicus briefs with the court earlier this week asking the 5th Circuit to allow the Texas law to be enforced while the case plays out.
Technology companies and industry groups pushed back, arguing that parental controls are available in other ways.
“Texas’s App Store law threatens the First Amendment rights of app stores, app developers, parents, and younger internet users,” said Burke Kappler, director of litigation for the Computer & Communications Industry Association, one of the plaintiffs.
Conservative-led state legislatures in Louisiana and Utah have also passed laws that are being challenged. A federal bill restricting app store practices is making its way through Congress.