In a significant ruling, a federal judge in Little Rock, Arkansas, temporarily halted the enforcement of a new law that would have required parental consent for minors to create social media accounts. This decision prevented Arkansas from being the first state to impose such a restriction.
The preliminary injunction was granted by U.S. District Judge Timothy L. Brooks in response to a request made by NetChoice, a tech trade group representing companies like TikTok, Facebook (Meta), and X (formerly Twitter). The law, signed by Republican Governor Sarah Huckabee Sanders in April, was scheduled to take effect on Friday.
This law in Arkansas bears similarities to a first-of-its-kind restriction passed earlier this year in Utah, which will not be implemented until March 2024. NetChoice had previously filed a lawsuit challenging a California law that requires tech companies to prioritize children’s safety by prohibiting the profiling or misuse of personal information that could harm them physically or mentally.
In a comprehensive 50-page ruling, Judge Brooks expressed doubts about the effectiveness of the Arkansas law and stated that NetChoice was likely to succeed in its constitutional challenge. He emphasized that focusing on age restrictions for social media platforms, instead of addressing the problematic content on those platforms, does not seem to be an effective approach. It’s worth noting that Judge Brooks was appointed by former President Barack Obama.
Other states, such as Texas and Louisiana, have enacted similar laws restricting minors’ use of social media, but those laws will not take effect until next year. In Georgia, top Republicans have indicated their intention to propose a parental consent measure in the Legislature next year, and similar legislation has been proposed by some members of Congress.
NetChoice argued that the requirement violated users’ constitutional rights and unfairly targeted specific types of speech for restriction. Chris Marchese, the director of the NetChoice Litigation Center, expressed satisfaction with the court’s decision and emphasized the importance of protecting free speech and privacy online.
Republican Attorney General Tim Griffin expressed disappointment with the judge’s ruling but pledged to vigorously defend the law and protect children, acknowledging that the federal judge recognized the importance of safeguarding the well-being of children.
The Arkansas law would have only applied to social media platforms generating more than $100 million in annual revenue, and certain platforms like LinkedIn, Google, and YouTube would have been exempt. Judge Brooks argued that these exemptions undermined the state’s intent behind the restrictions and criticized the law for failing to adequately define which platforms would be covered by the requirements. He cited Snapchat as an example of confusion surrounding the age-verification requirement.
This decision comes as social media companies face increasing scrutiny regarding their impact on the mental health of teenagers, one of the concerns cited by Sarah Huckabee Sanders in her push for the legislation. Sanders emphasized the risks posed by big tech companies and called the court’s decision disappointing but expressed confidence in the Attorney General’s commitment to defending the law.
U.S. Surgeon General Vivek Murthy has cautioned that there is insufficient evidence to deem social media safe for children and teenagers, urging tech companies to take immediate action to protect them. Meta, formerly known as Facebook, announced plans to introduce new parental supervision tools and privacy features to their platforms in June.
The now-blocked law would have imposed a $2,500 fine on social media companies that knowingly violated the age verification requirement. It also prohibited these companies and third-party vendors from retaining users’ identifying information once they gained access to the social media site.
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