A federal appeals court on July 26 blocked a Texas law requiring websites to filter content deemed “harmful” to minors, citing conflicts with Section 230 of the Communications Decency Act. The 5th Circuit ruled 2-1 that the law’s content-monitoring mandates were preempted by existing protections for online platforms, while upholding parts of the law targeting ad targeting for minors.
5th Circuit Halts Content-Filtering Mandates, Upholds Ad-Targeting Rules
The 5th U.S. Circuit Court of Appeals struck down key provisions of Texas’ Securing Children Online through Parental Empowerment Act (HB 18), which required platforms to filter content promoting self-harm, eating disorders, or sexual exploitation. The court ruled that the law’s monitoring requirements were “preempted” by Section 230, which shields internet companies from liability for user-generated content. However, the panel upheld the law’s ad-targeting restrictions, allowing Texas to enforce rules requiring parental consent for ads directed at minors.
Texas Law Aimed to Curb Harmful Content, Faced Legal Challenges
HB 18, passed in 2025, required platforms to block material defined as “harmful” to minors, including content related to suicide, bullying, and sexual exploitation. It also mandated age verification for app downloads and parental consent for ads targeting users under 18. The law faced lawsuits from tech industry groups like the Computer & Communications Industry Association and advocacy groups such as Students Engaged in Advancing Texas.
U.S. District Court Judge Robert Pitman initially blocked the law in December 2025, citing First Amendment concerns. He compared the law to a hypothetical rule requiring bookstores to verify ages and obtain parental consent for minors. The 5th Circuit later stayed Pitman’s ruling, allowing the law to take effect while litigation continued. The court’s latest decision clarified that the content-filtering provisions remained blocked, but ad-targeting rules could proceed.
Supreme Court Lets App Store Age Verification Law Stand
Separately, the U.S. Supreme Court declined to block Texas’ App Store Accountability Act, which requires age verification and parental consent for app downloads by minors. The law, signed by Governor Greg Abbott in 2025, mandates that users under 18 link their accounts to a parent’s or guardian’s account and receive approval for downloads. The court’s decision, announced July 6, allowed the law to proceed while lower courts continue to review its constitutionality.
Legal Battle Over Parental Control vs. Free Speech
The 5th Circuit’s ruling leaves Texas’ content-filtering mandates blocked but allows ad-targeting rules to proceed. The Supreme Court’s decision on the app store law means that age verification requirements for minors remain in effect. Both cases are likely to face further legal challenges, with the outcome potentially shaping future state efforts to regulate online content.
The legal landscape remains fluid. While the 5th Circuit’s decision reinforces Section 230’s protections, it also reflects the judiciary’s cautious approach to state regulations targeting online platforms. As states continue to explore new ways to address youth safety, the balance between parental control and free speech will remain a central issue in tech policy.
