The 5th U.S. Circuit Court of Appeals ruled 2-1 on Friday to block a provision of the Texas Securing Children Online through Parental Empowerment (SCOPE) Act. The law required social media platforms to monitor and filter content that promotes behavior such as self-harm, substance abuse, and bullying. The court found that this specific requirement was preempted by Section 230 of the federal Communications Decency Act, which protects online platforms from liability for content posted by third-party users.
Circuit Judge Dana Douglas wrote for the majority that while Section 230 may function like a "get-out-of-jail-free card" for the industry, it legally prevents states from holding companies civilly liable for user-generated material. In his partial dissent, Circuit Judge James Ho argued the Texas law should be upheld, stating the legislation regulates the platforms' own "curation" rather than the speech of third parties.
The ruling upheld other parts of the SCOPE Act, including its age-verification requirements. The legal challenge was brought by the Computer & Communications Industry Association and NetChoice, trade groups representing companies such as Meta, Google, and Amazon. The groups argued the law would force websites to act as state-mandated censors, while the office of Texas Attorney General Ken Paxton defended the measure as a necessary step to protect minors from digital harms.