Haynes Boone aided Wilson Sonsini to secure a First Amendment victory on behalf of the Computer & Communications Industry Association (CCIA), a trade association representing communications and technology firms, after the U.S. District Court for the Western District of Texas held that the App Store Accountability Act (Texas SB 2420) is likely unconstitutional. The court’s decision in CCIA v. Paxton blocks provisions in the law that would have required Texans to prove their age and minors to obtain parental consent before accessing an app store or downloading a mobile app. The decision also blocks provisions requiring CCIA members and app developers to age-rate apps according to state mandates.
The court found that Texas SB 2420 unlawfully restricts speech and imposes unclear, onerous requirements on app stores and developers. The law, which poses a serious threat to the app ecosystem, provides the Texas Attorney General authority to pursue legal action and civil penalties against companies that do not comply.
Haynes Boone Counsel Catherine Robb and Associate Michael Lambert served as local counsel for CCIA, in support of Brian Willen (Wilson Sonsini).
“We are proud to have supported CCIA in safeguarding the constitutional rights of app developers and protecting the autonomy of online platforms,” said Lambert. “This ruling recognizes the serious constitutional concerns raised by Texas SB 2420, which would have imposed burdens on app stores and app developers and stifled innovation.”
The case carries significant implications for how states attempt to regulate online platforms and the constitutional limits on government interference in digital marketplaces. The ruling confirms that the government cannot compel private platforms to restrict access to broad swaths of content from minors and that vague criteria cannot serve as the basis for such mandates.
This victory is the second recent First Amendment win for the Media Law Practice Group after Partner Laura Lee Prather secured a victory on behalf of a coalition of booksellers, authors and publishers in Book People v. Wong in late October, protecting private vendors from an unconstitutional book-rating law.
The Haynes Boone Media Law Practice Group is nationally ranked by Chambers USA. With offices across the world, Haynes Boone offers a full range of litigation, counseling and advocacy services in all aspects of media and entertainment law nationwide. The firm also supports clients with a broad array of services in connection with media, intellectual property, cybersecurity, data privacy and related issues.
