Joel Thayer (@joellthayer)

2026.06.11 14:15

Let me fix this for you: CCIA asked for a facial challenge (contradicting what the Supreme Court advised in Moody) on a practical, content-neutral law that imposes a modest burden on trillon dollar companies in an area where states have a traditional constitutional power (disregarding direct precedent in Paxton), and asserted rights of people not before the court (ignoring a Court's inability to grant universal injunctions as explained in Trump v. CASA), and it wants Justice Alito to overturn the Fifth Circuit on that basis.

Computer & Communications Industry Association@ccianet

2026.06.11 13:00

Texas is now forcing app stores to verify a users’ age before they can access lawful information online. Today, CCIA asked the Supreme Court to block Texas’ App Store Accountability Act while the courts consider its constitutionality. Requiring Americans to show ID to download apps, from a weather app to a news app, is a sweeping restriction on speech, #privacy#, and access to information. The #FirstAmendment# protects the right to access lawful speech online. Read more:

Forward to community

Joel Thayer@joellthayer

2026.06.04 23:59

Fifth Circuit per curium order is published on the App Store Accountability Act’s constitutionality. I’ll let the court opinion speak for itself. 🧵

346

Forward to community

Joel Thayer@joellthayer

2026.06.04 20:14

Agree with most of this but disagree on the preemption point, especially when reading the provision in tandem with subsequent rules of construction (c)(1)-(2). Together, it’s more likely that it only applies to laws attempting to govern pre-deployment designs or developments, which wouldn’t implicate many AI child regulations like AV or custodial account mandates. This is positive as it shows a significant shift away from the “relates to” preemption in previous AI bills. The point is well taken, and it could be further clarified by another rule of construction. Keep in mind, this is a discussion draft (not the final product). Overall it’s a step in the right direction, even on the preemption side.