Texas social media safety law faces court challenge

AUSTIN (Nexstar) -- A new state law designed to protect children from harmful online content may face court delays before it is set to take effect on Sept. 1, following concerns from First Amendment groups that the law may go too far.

The "Securing Children Online through Parental Empowerment" -- or "SCOPE" Act requires digital service providers to obtain parental permission before letting minors online. Platforms would be required to include in their user agreements an option for parents to permanently enable certain content settings.

The bill's author, Stephenville Republican Shelby Slawson, said last year the law would shield susceptible minors from content relating to drug use, self harm and sex trafficking.

"We will provide parents with the tools that they desperately need and demand in order to protect our children in the digital world," she said. "Our children are not the customers of these platforms, they are the commodity being traded."

The law passed both the House and Senate with overwhelming bipartisan support, but it could face delays as challenges make their way through the courts.

The Foundation for Individual Rights and Expression sued to block the enforcement of the law. They argue the restrictions are unconstitutionally broad, would burden adults through age verification, and do not define what is and is not acceptable content.

"What happens when the state adopts a monolithic solution like this is that it throws the baby out with the bathwater," First Amendment attorney with FIRE Bob Corn-Revere said. "It throws all of the benefits out with the supposed harms. It's like saying you can't go into the library because some books in there may be bad for you."

FIRE is representing four plaintiffs including creators that market educational content on sensitive issues to children. One of them is the Ampersand Group, an Austin-based company that runs campaigns on issues like gun violence and sex-trafficking awareness. FIRE argues that a broad restriction on content relating to violence and sex-trafficking those subjects could also block out the beneficial, informative content that Ampersand promotes.

Supporters of the law argue, conversely, the restrictions will save lives. Judy Rogg knows the dangers of harmful social media content all too well. In 2010, her son Erik died while trying the viral "Choking Challenge" trend.

"For Big Tech, every click on a site, every hover on a site, means money in their pockets from their advertisers. They don't care if it's an adult set of eyes or a kid's set of eyes," Rogg said. "The internet is just an explosive playground."

Rogg's foundation, "Erik's Cause," identified at least 51 Texans who died of the "Choking Challenge" since 2010. She urges other moms to have proactive conversations with their children, with or without the state law in effect.

"You still need to get in front of kids. You still need to get in front of parents and help them understand, because it's not going to happen overnight."