A federal appeals court struck down a Texas law requiring websites to filter "harmful" content, finding it preempted by Section 230 of the Communications Decency Act. The court upheld age verification requirements while rejecting the filtering mandate.
The 5th Circuit Court of Appeals ruled that Texas cannot force websites to remove content deemed harmful to minors, determining such requirements conflict with federal protections that shield platforms from liability for user-generated content.
The decision distinguishes between age verification—which the court permitted—and content moderation mandates. Judges found that requiring websites to filter speech based on a state's definition of "harmful" material effectively treats platforms as publishers, violating Section 230's core protections.
Texas HB 20, passed in 2021, aimed to prevent social media companies from moderating political speech and requiring removal of content deemed harmful to children. The law represented one of the most aggressive state-level efforts to regulate online speech.
The ruling maintains the legal framework protecting platforms from being held responsible for third-party content while allowing states to implement age verification systems. The decision reflects ongoing tension between state regulation of online content and federal protections for internet platforms.
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