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New Legislation in Texas Aims to Limit Minors’ Social Media Use

As September 1st rolled around, several new laws went into effect in Texas, with one of the most notable being the introduction of limits on children’s access to social media platforms. Each year, new legislation comes into play on September 1st, but during an “even” year without a legislative session in the Lone Star State, there are fewer new laws to contend with. Mark Jones, a political science professor at Rice University, noted that about half a dozen laws went into effect this year, a far cry from the nearly 800 laws that were implemented last year after a regular legislative session and several ongoing special sessions.

The highlight of the new laws is the SCOPE Act, also known as House Bill 18, the Securing Children Online through Parental Empowerment Act. According to Jones, the act is designed to protect children online and provide parental controls and protections for their parents. The SCOPE Act requires social media platforms like Snapchat and TikTok to adhere to a variety of registration rules, most of which are already in place. Additionally, it mandates that digital providers take action to protect children and prevent advertisers from targeting them or collecting data that could be used for commercial purposes or otherwise.

However, part of the SCOPE Act was temporarily blocked by a federal judge just before it was set to go into effect. The blocked portion of the bill was the most controversial aspect, which required social media companies to prevent minors’ exposure to harmful material on their platforms. This included content that promoted or glorified suicide, self-harm, eating disorders, substance abuse, stalking, bullying, harassment, grooming, trafficking, and child pornography. The judge and many opponents argued that the legislation was too broad and placed unrealistic expectations on social media sites to filter out harmful content.

Jones mentioned that social media companies have largely remained quiet about the new legislation, but some individuals and groups working with these companies have expressed concerns about the law’s reach. They believe that expecting social media companies to implement extensive filtering measures to prevent harmful information from reaching children is unreasonable and could potentially infringe on First Amendment rights. The ongoing legal dispute between social media companies and the state of Texas is likely to continue as both sides grapple with the implications of the SCOPE Act.

In addition to the SCOPE Act, several other laws came into effect in Texas this month. One such law targeted pharmaceutical companies that produce insulin, signaling that the state is monitoring them to prevent them from blocking generic versions of their insulin products from entering the market. Another law expanded family violence services to survivors of dating violence, a provision that was previously not in place. There was also a new requirement for the state to inform judges when an individual has been in state jail for 75 days to prevent them from serving more time than intended.

The legal landscape in Texas continues to evolve as new laws come into effect, impacting various aspects of society and aiming to address pressing issues facing the state. As the SCOPE Act and other legislation take hold, it remains to be seen how they will be implemented and enforced, and what implications they will have for children’s online safety and other important matters in the state.