SCOTUS allows age verification for app stores, for now
Image: Cato Institute
On Monday, the Supreme Court allowed Texas to begin enforcing a law requiring app stores to verify users' ages and obtain parental consent before anyone under 18 can download a majority of apps.
How it works: The Texas App Store Accountability Act requires companies like Apple and Google to use "commercially reasonable" methods to determine a user's age, though the law does not specify how that would be enforced.
- Minors' accounts must also be linked to a parent or guardian account, which receives notice of an app's age rating and must approve all downloads and in-app purchases.
- There are a handful of exceptions, including emergency services and college entrance exam apps.
Striking a safe balance
Texas lawmakers say the law is designed to give parents greater oversight of their children's online activity, and to protect minors from harmful content, privacy risks, and data collection.
AG Ken Paxton's office has argued that children with unrestricted access can download apps that expose them to inappropriate material, or allow companies to collect personal information without a parent's knowledge.
But for other groups, the law goes too far. Some industry trade associations, privacy advocates, and student activist orgs argue that Texas’ measure violates the First Amendment by creating barriers to lawful online content, including news, educational resources, and other protected speech.
They also note that age verification would force both adults and minors to hand over personal information simply to access app stores, raising broader privacy concerns.
Texas is part of a broader trend: Utah, Louisiana, and Alabama have also approved similar app store age-verification laws, while Congress has recently considered imposing federal online child safety measures.
Looking ahead…SCOTUS’ ruling doesn’t address the Texas law's constitutionality, but simply allows it to be enforced while a legal challenge proceeds in lower courts. The Fifth Circuit is scheduled to hear the case on an expedited basis in August, when it will consider whether the law should be permanently blocked.
📊 Flash poll: In general, do you support or oppose Texas’ new state law requiring age verification and parental consent for users under 18 to download most apps?
See a 360° view of what pundits are saying →
Sprinkles from the Left
- Some commentators argue that broad age restrictions on apps could limit young people's access to valuable educational and civic resources, reinforcing that parents should have the primary role in deciding what digital content their children can access, not the government.
- Others contend that app store age verification misses the bigger issue, arguing tech companies should be responsible for making their products safer for kids instead of shifting that responsibility to parents or app stores.
- “Online age restrictions are the wrong way to protect children” –Catherine Crump, The Hill
- “Why age-verification at the app store level won’t protect children” –Terence Samuel, Post and Courier
- “Age verification law risks blocking valuable information, exposing data” –Taylor Millard, Dallas Morning News
Sprinkles from the Right
- Some commentators argue that requiring parental consent for minors to download certain apps gives parents a greater role in managing their children's online experiences, and say that stronger oversight is needed to better protect kids in an increasingly digital world.
- Others contend that age limits on certain apps can reinforce parents' efforts to protect their children online, arguing that reasonable government safeguards can help create healthier digital environments without replacing parents' role in raising their kids.
- “Parental Consent in the Smartphone Age” –WSJ Editorial Board
- “The myth of absolute parental rights” –Ramesh Ponnuru, WaPo
- “Parents need a real checkpoint before kids download apps” –Shannon Bird, Deseret
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