5th Circuit blocks Texas law requiring websites to filter "harmful" speech
摘要
美国第五巡回上诉法院裁定，得克萨斯州一项要求网站过滤“有害”言论以保护未成年人的法律不得执行。法院以2比1的裁决支持了大型科技游说团体的挑战，认为该法律的监控与过滤要求被1996年《联邦通信规范法》第230条所取代。此前，计算机与通信行业协会和NetChoice对《通过家长赋权保护儿童上网安全法》的部分内容提出质疑，并成功获得地区法院的初步禁令。得州总检察长
Texas cannot enforce a law's requirement that websites block minors from seeing harmful speech, the US Court of Appeals for the 5th Circuit ruled on Friday.
Big Tech lobby groups challenged the Texas "law’s requirement that certain social media-based 'digital service providers' (DSPs) monitor and filter content accessible to known minors to prevent exposure to several categories of potentially harmful speech," judges wrote. In a 2-1 ruling in favor of the tech groups' challenge, judges said the monitoring and filtering requirement is preempted by Section 230 of the federal Communications Decency Act of 1996.
The Computer & Communications Industry Association (CCIA) and NetChoice challenged portions of the Securing Children Online through Parental Empowerment Act (SCOPE Act), which applies to websites and online applications that collect or process personally identifying information. The tech groups won a preliminary injunction from a district court. Texas Attorney General Ken Paxton appealed to the 5th Circuit but wasn't able to convince judges to reverse the injunction that prevents enforcement of the monitoring and filtering rules.
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