Supreme Court declines to block Texas app store age verification law
The U.S. Supreme Court on Monday declined to block Texas’s App Store Accountability Act (SB 2420), allowing the state to enforce age verification requirements for app downloads while legal challenges continue. The unsigned orders, with no noted dissents, let stand a lower court’s earlier decision not to halt the law.
Texas can now require proof of age for all app store users before they can download apps or make in-app purchases. Two First Amendment lawsuits against the law are pending, and the Fifth Circuit has scheduled an expedited hearing for August.
What does the Texas app store age verification law require?
SB 2420 requires app stores to verify the age of every user and obtain parental consent for anyone under 18 before allowing downloads or in-app payments. Adults must present a government ID or other age proof to distinguish minors from adults. Gov. Greg Abbott signed the law on May 27, 2025, with enforcement originally set for January 1, 2026.
The law applies to all apps regardless of content, a scope supporters describe as content-neutral and aimed at protecting children’s data, safety, and privacy. Opponents argue it burdens free speech and creates a de facto identity checkpoint for accessing the internet.
Texas has framed the law as a regulation of commercial transactions, comparing age restrictions on app downloads to age restrictions on drivers’ licenses. Apple and Google have said they will comply but warned the law may erode user privacy.
Who is challenging the law and on what grounds?
Challengers include Students Engaged in Advancing Texas and the Computer and Communications Industry Association (CCIA), a trade group representing major technology firms. They argue the law violates the First Amendment by conditioning app access on government ID checks, effectively regulating access to speech.
The student group warned that the law could render much of the internet "commercial speech" subject to increased government control, and noted Texas already has a separate law for online pornography. They cited a 2025 Supreme Court decision that upheld a similar age verification law in Mississippi.
CCIA argued the law imposes enormous compliance costs and that existing parental controls already address the concerns. Texas countered that the law is a content-neutral commercial regulation that should face only intermediate scrutiny, a standard the Fifth Circuit accepted.
What is the procedural history of the case?
U.S. District Judge Robert Pitman blocked the law in December 2025, finding it likely unconstitutional. The Fifth Circuit lifted that block in May 2026, ruling the law likely survives intermediate scrutiny. The plaintiffs then sought emergency relief from the Supreme Court, which the justices declined to grant on July 6, 2026.
The case now returns to the Fifth Circuit for a merits hearing scheduled for early August. CCIA President Matt Schruers said the group looks forward to demonstrating how the law violates the First Amendment at that hearing, arguing that people should not have to turn over personal data to access the internet any more than they should show government identification to enter a bookstore.
What is the broader context for app store age verification laws?
Texas is one of several states, including Utah and Louisiana, that have passed similar age verification laws for app stores. Critics have raised privacy concerns, noting reports that Texas recently leaked 3 million driver’s licenses and passports, a data breach that highlights the risks of centralized digital ID systems.
The Supreme Court’s refusal to intervene does not rule on the constitutional merits of the case. The Fifth Circuit’s upcoming hearing will determine whether the law can remain in force during the full appeals process, and the outcome could set a precedent for age verification laws in other states.