Supreme Court allows Texas age-verification law for mobile apps to stand

The high court declined to block Texas' app store age-verification law, allowing enforcement to continue while a First Amendment challenge moves forward in the Fifth Circuit.

The U.S. Supreme Court on Monday declined to block a Texas law requiring app stores to verify users' ages and obtain parental consent before minors can download apps or make in-app purchases.

Senate Bill 2420, called the App Store Accountability Act, was passed last year, but was temporarily blocked by a federal judge in December over First Amendment concerns.

Earlier this year, the Fifth U.S. Circuit Court of Appeals lifted the lower court's injunction, allowing the law to take effect while the case proceeds. On Monday, the Supreme Court denied emergency applications filed by Students Engaged in Advancing Texas and the Computer & Communications Industry Association, leaving the Fifth Circuit's order in place.

The order is not a ruling on whether the law is constitutional. Instead, it allows Texas to continue enforcing the law while the appeal moves forward.

Texas is one of at least 20 states that have passed or are considering age-verification laws aimed at protecting children online as lawmakers increasingly scrutinize the effects of social media and technology on young people.

Texas Attorney General Ken Paxton argued the law is intended to give parents greater oversight of what their children download and the agreements they enter into online. In its Supreme Court filing, the state wrote, "Before allowing minor children to acquire products from app stores and agree to these terms, Texas requires parental consent, including disclosures to parents about the product and contract terms."

The challengers, including tech industry groups and student plaintiffs, argued the law unconstitutionally "deputizes app stores to police both minors' and adults' threshold access to vast amounts of online speech." They also argued the measure places unconstitutional burdens on app stores and developers.

Texas lawmakers said the measure would give parents more control over their children's online activity while helping protect minors' privacy in an increasingly digital world. In its filing, the state noted the legislation passed with overwhelming bipartisan support in both chambers of the Texas Legislature.

A federal judge in Austin blocked the law before it was scheduled to take effect, finding the challengers were likely to succeed on their First Amendment claims. In June, however, the Fifth Circuit stayed that injunction, concluding Texas had shown it was likely to prevail on appeal and allowing the law to take effect while litigation continues.

Monday's Supreme Court order leaves the Fifth Circuit's decision intact.

The case now returns to the Fifth Circuit, which will decide whether the law ultimately complies with the Constitution.