Tracker record · Texas · Appellate ruling
SCOPE Act litigation (CCIA and SEAT v. Paxton)
Computer & Communications Industry Association and NetChoice v. Paxton, No. 24-50721, and Students Engaged in Advancing Texas et al. v. Paxton, No. 25-50096, are interlocutory appeals from preliminary-injunction orders in the Western District of Texas (Nos. 1:24-cv-849 and 1:24-cv-945), consolidated for appeal on February 21, 2025. In a 2-1 decision filed July 24, 2026 (Judge Douglas, joined by Judge Higginbotham; Judge Ho concurring in part and dissenting in part), the Fifth Circuit held that the monitoring-and-filtering duty in section 509.053 and the related algorithm duty in section 509.056(1) are likely preempted by 47 U.S.C. section 230(c)(1) and affirmed the preliminary injunction as to those duties; held that the SEAT plaintiffs lacked standing to challenge the monitoring-and-filtering, targeted-advertising, and unlawful-advertising duties; held that their challenge to the age-verification duty in section 509.057 is foreclosed by Free Speech Coalition v. Paxton, 606 U.S. 461 (2025); and vacated the SEAT preliminary-injunction order and remanded. The age-registration duty in section 509.051 was never enjoined. This is a preliminary-injunction ruling, not a final disposition on the merits.
Status
- Legal status
- Affirmed in part (CCIA/NetChoice preliminary-injunction order); vacated and remanded in part (SEAT preliminary-injunction order) (District court orders: CCIA/NetChoice preliminary injunction August 30, 2024; SEAT preliminary injunction February 7, 2025. Fifth Circuit decision filed July 24, 2026, Nos. 24-50721 and 25-50096 (consolidated))
- Allegation or finding
- Finding or order
- Applicability
- Parties; Bus. & Com. Code ch. 509
- Enforceability
- §509.053 (monitoring and filtering) and §509.056(1) (algorithm) remain preliminarily enjoined under the CCIA/NetChoice order; the SEAT order's injunctions of the targeted-ads, unlawful-ads, and age-verification duties were vacated; other provisions were not enjoined
- Procedural posture
- Interlocutory appeal from preliminary-injunction orders; not a final merits disposition. Fifth Circuit: affirmed the CCIA/NetChoice order; vacated the SEAT order and remanded
- Law checked through
- October 13, 2026
- Injunction or stay scope
- §509.053 (monitoring and filtering) and §509.056(1) (algorithm) remain preliminarily enjoined as to the CCIA/NetChoice plaintiffs; the injunctions of the targeted-advertising, unlawful-advertising, and age-verification duties were vacated as to the SEAT plaintiffs
- Primary source
- Fifth Circuit opinion, CCIA and NetChoice v. Paxton, No. 24-50721, filed July 24, 2026 (2-1; Judge Douglas, joined by Judge Higginbotham; Judge Ho concurring in part and dissenting in part)
- Court
- U.S. Court of Appeals for the Fifth Circuit
- Docket
- Nos. 24-50721 and 25-50096 (consolidated)
- Source
- Baker Hostetler; Texas Scorecard (secondary commentary)