Tech Industry Echoes Constitutional Concerns
In its own lawsuit, the CCIA echoed many of the same constitutional objections, arguing the law “burdens the speech rights” of app stores, developers, and users alike.
“The act is both fatally overbroad and underinclusive to achieve its limited ends,” CCIA wrote. “It is also unnecessary: App stores and app developers already provide parents with tools to help them control what their children can access on their mobile devices.”
The association contends the law’s “one-size-fits-all, paternalistic restriction” strips parents of meaningful choice while imposing broad censorship on millions of apps spanning entertainment, education, and news.
Attorneys’ Statements and Representation
Ambika Kumar, a partner at Davis Wright Tremaine LLP representing the students, said the First Amendment does not allow the government to require parental permission for minors to access most information online.
“The Constitution forbids restricting adults’ access to speech in the name of protecting children,” Kumar said. “This law imposes a system of prior restraint on protected expression that is presumptively unconstitutional.”
The Texas Attorney General’s Office, led by Ken Paxton, did not respond to requests for comment.
