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Free Speech Prevails in Texas, Court Blocks Key Censorship Requirements

AUSTIN, Texas—On Friday, the U.S. District Court for the Western District of Texas granted CCIA & NetChoice’s request for a preliminary injunction against HB 18, the SCOPE Act. The ruling found that the law’s restrictions on access to legal online content “exclusively target speech” and are “overbroad, overly restrictive, and underinclusive.” As a result, these measures likely violate the First Amendment.

“The ruling is a win for free speech and for protecting Texans’ online privacy and security,” said Chris Marchese, Director of the NetChoice Litigation Center. “This ruling joins a growing list of federal court decisions blocking government censorship of online speech and lawful content.”

 The SCOPE Act would have required websites to block broad categories of speech, commandeering online businesses to censor lawful speech for minors and adults. 

“Parents and guardians should decide how their families use online tools, not government bureaucrats and politicians,” continued Marchese.

NetChoice has successfully obtained injunctions against four other states for similar laws that create an age-gate for digital services, violating user privacy and stifling the free exchange of ideas. These states include California, Arkansas, Ohio and Mississippi.You can read the court’s order in CCIA & NetChoice v. Paxton here.