5th Circuit blocks Texas law requiring websites to filter "harmful" speech

The U.S. Court of Appeals for the 5th Circuit on Friday ruled against enforcing a Texas law that would have mandated websites filter "harmful" speech accessible to minors.

Major tech industry lobbying groups, including the Computer & Communications Industry Association (CCIA) and NetChoice, challenged the law. Dubbed the Securing Children Online through Parental Empowerment Act (SCOPE Act), it would have required certain digital service providers (DSPs) to monitor and filter content viewed by minors.

In a 2-1 decision, a majority of judges found the monitoring and filtering requirement to be preempted by Section 230 of the federal Communications Decency Act of 1996. This section generally shields online platforms from liability for user-generated content.

Texas Attorney General Ken Paxton had appealed a lower court's preliminary injunction that prevented the law's enforcement. However, he was unsuccessful in convincing the 5th Circuit to overturn the injunction on the filtering requirements.