A divided federal appeals court on Friday blocked Texas from enforcing a key provision of a state law meant to shield children from harm through using social media. The law, known as the Securing Children Online through Parental Empowerment Act, or SCOPE Act, required operators of social media platforms to monitor and filter content that promotes, glorifies, or facilitates self-harm, suicide, eating disorders, substance abuse, stalking, bullying, sexual abuse, and several other types of conduct.

Federal Preemption

The 5th U.S. Circuit Court of Appeals in New Orleans said a federal law that broadly shields the industry from liability for information posted by third parties preempted the monitoring and filtering requirement in the Texas law. The court upheld an age-verification requirement in the Texas law and said the nonprofit Students Engaged in Advancing Texas, which also sued to block the law, lacked standing.

Circuit Judge Dana Douglas wrote that Section 230 of the federal Communications Decency Act protects social media companies from civil liability for user content, despite the specter it might be a ‘get-out-of-jail-free card’ immunizing the industry from ‘all but the most egregious consequences’ of how their products function.

The decision was a victory for the Computer & Communications Industry Association and NetChoice, which both include Amazon, Google, and Facebook and Instagram parent Meta Platforms among their members. States and social media companies have long been at odds over whether Section 230 of the federal Communications Decency Act shields the industry from responsibility to police user content.

Original reporting: Texarkana Gazette — read the source article.