Austin, Texas —
Concerns from First Amendment groups that the law would go too far have led to court delays in the implementation of a new state law meant to shield children from harmful online content. The measure was originally scheduled to take effect on September 1st.
Digital service providers are now obligated to seek parental consent before granting kids access to the internet, according to the “Securing Children Online through Parental Empowerment” (or “SCOPE”). The ability for parents to permanently enable specific content settings should be included in user agreements on platforms.
Shelby Slawson (R-Stephenville) introduced the bill last year to protect vulnerable youth from exposure to material depicting drug use, self-harm, or sex trafficking.
She assured parents that they would be given the necessary resources to safeguard their children online. “Our children are being traded like a commodity, not like customers, on these platforms.”
Despite the law’s unanimous approval in the House and Senate, it may be delayed while legal challenges are being resolved.
The statute was challenged in court by the Foundation for Individual Rights and Expression, which aimed to prevent its execution.
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They claim the limitations do not specify what constitutes acceptable content, would impose an undue burden on adults through age verification, and are thus unconstitutionally expansive.
“When the state implements a one-size-fits-all solution, it ends up eliminating some good things along the way,” Bob Corn-Revere, a First Amendment attorney at FIRE, explained. Along with the purported negatives, it discards all of the positives.
Comparable to stating, “You are not allowed to enter the library because there are books there that might be harmful to you.”
Four plaintiffs, including content makers who target children with sensitive instructional material, are being represented by FIRE. The Ampersand Group is one such organization; it is situated in Austin and has campaigns raising awareness about sex trafficking and gun violence.
A wide ban on content about sex trafficking and violence, according to FIRE, would also ban the helpful, educational content that Ampersand promotes.
Those who are in favor of the measure counter that the limits will end up saving lives. Judy Rogg is all too familiar with the perils of damaging material shared on social media. Her son Erik tragically lost his life in 2010 while participating in the “Choking Challenge” craze.
Big Tech keeps rolling in dough from their ads with every click and hover. In Rogg’s opinion, it makes no difference whether it’s an adult or a child’s eyes looking at it. “All it is is a playground for explosives on the internet.”
“Erik’s Cause,” Rogg’s nonprofit, has confirmed the deaths of 51 Texans due to the “Choking Challenge” since 2010. She encourages other mothers to engage in proactive dialogues with their children regardless of whether the state law is in force or not.
Getting in front of children is still important. This isn’t going to happen magically, therefore you must continue to communicate with your parents.