A US federal court on Tuesday granted a preliminary injunction blocking the enforcement of a Texas law that requires users to verify their age before downloading mobile apps and accessing paid content online.
Judge Robert Pitman of the US District Court for the Western District of Texas granted a preliminary injunction blocking AG Paxton from enforcing Texas Senate Bill 2420, known as the Texas App Store Accountability Act, which is set to take effect in January 2026. The ruling concluded that the law likely violated the First Amendment by imposing content-based restrictions on speech. The court ruled that the law failed the test for constitutional scrutiny because Texas did not prove it used the least restrictive means to achieve its goals.
The court applied the strict scrutiny test, which is the most rigorous standard of judicial review, used when laws restrict fundamental constitutional rights such as free speech and discrimination based on protected classifications. Under this test, the government must prove the law serves a “compelling state interest” and is “narrowly tailored,” using the “least restrictive means” available to achieve its end goal.
Laws that seek to regulate expression based on subject matter trigger strict scrutiny because they pose a heightened risk of government censorship. The court acknowledged legitimate concerns about children’s screen time, exposure to harmful content, and potential mental health impacts of app usage, yet emphasized that “however compelling the policy concerns,” the means to address them “must be consistent with the First Amendment.”
Tuesday’s order also noted that portions of the Texas law were unconstitutionally vague. Specifically, the court highlighted provisions that hold developers liable for “knowingly misrepresenting” age ratings without providing standards for rating assignment, and requirements for developers to provide notification of “material changes” to app functionality without actually defining that term.
The law, passed in April, requires all Texans to verify their age before downloading mobile apps or making in-app purchases, and mandates that minors obtain parental consent before downloading or purchasing. The Computer & Communications Industry Association, whose members include app store operators like Apple and Google, sued Texas Attorney General Ken Paxton seeking a preliminary injunction to block enforcement of the law. They alleged that the law violated the First Amendment by imposing unconstitutional restrictions on speech.
This same court has previously sustained First Amendment challenges against Texas social media and app regulations under House Bill 18, known as the Securing Children Online Through Parental Empowerment (SCOPE) Act, which sought to regulate social media by restricting minors’ access to certain digital platforms. Judge Pitman found portions of that law violated the First Amendment in both NetChoice and CCIA v. Paxton and Students Engaged in Advancing Texas v. Paxton. This came amidst ongoing litigation related to the enforcement of the SCOPE Act.