The 5th Circuit blocked Texas’s speech-filtering rule but kept its age-verification mandate.
Why it matters: The ruling is a win for platforms challenging state content-moderation laws and a setback for efforts to force websites to screen user speech. It could shape how far states can go in regulating online content nationwide.
- On July 24, 2026, the 5th Circuit said Texas cannot enforce the SCOPE Act’s monitoring-and-filtering requirement.
- The panel held that part of the law is preempted by Section 230 of the Communications Decency Act.
- The same decision left Texas’s age-verification requirement in place.
- Texas’s law, also called House Bill 18, took effect in September 2024 and targets platforms that host user-generated content.
A divided U.S. Court of Appeals for the 5th Circuit blocked Texas from enforcing the SCOPE Act provision that would have required digital service providers to monitor and filter content. The court said that requirement is preempted by Section 230, which gives platforms broad immunity for information posted by third parties. Read the opinion
The Texas law, known as the Securing Children Online through Parental Empowerment Act or House Bill 18, took effect in September 2024 and applies to platforms hosting user-generated content. Reuters reported that the challenged rule would have required platforms to block minors from content that promotes, glorifies, or facilitates self-harm, suicide, eating disorders, substance abuse, stalking, bullying, sexual abuse and related harms. Reuters coverage
The panel did not strike down the law’s age-verification requirement. It said the plaintiffs lacked standing to challenge that part of the statute at the appellate stage and that their challenge was foreclosed by prior rulings. Court opinion
NetChoice called the ruling a victory for online speech and users. Texas Attorney General Ken Paxton defended the law in the litigation. Reuters reported the decision was 2-1. Reuters coverage
By the numbers
- July 24, 2026 - date the 5th Circuit issued the ruling
- September 2024 - when Texas’s SCOPE Act took effect
- 2-1 - reported panel split
Yes, but: The ruling preserves age-verification rules, so the litigation only partially undercuts Texas’s law.