Chris Marchese is NetChoice’s director of litigation.
TALLAHASSEE, Florida — A federal appeals court has barred Florida officials from enforcing a new Florida statute that prohibits social media companies such as Facebook, Instagram and YouTube from allowing youths under 14 to create their own accounts on such sites.
Judge Mark Walker of the Northern District of Florida issued his order siding with plaintiffs NetChoice and the Computer & Communications Industry Association (CCIA) on June 3. In turn, the defendant, state Attorney General James Uthmeier, has indicated he would appeal the decision to the 11th Circuit Court of Appeals.
The law, which passed the Legislature as House Bill 3, applies to social media platforms with “addictive features” such as infinite scrolling, push notifications, auto-play video and live-streaming. It prohibits those under age 14 from holding accounts on such platforms and bars 14- to 15-year-olds from creating such accounts unless a parent or guardian provides consent.
Supporters argued that the law is needed to prevent psychological harm to youth through excessive use of social media platforms and exposure to algorithms that continuously select user content.
But Walker concluded that the law went too far in burdening speech protected by the First Amendment.
“Although this court … finds that Florida’s challenged law is likely unconstitutional, it does not doubt that parents and legislators in the state have sincere concerns about the effects that social media use may have on youth, nor does it render parents or the state powerless to address those concerns,” he said in the opinion.
For example, the preliminary injunction leaves in place legal provisions requiring social media firms to close any account opened by someone under 16 in Florida if a parent or guardian requests it, according to the opinion.
“... Because the challenged law is likely facially unconstitutional and plaintiffs have carried their burden on the remaining requirements for preliminary relief, statewide relief is appropriate,” Walker said.
Chris Marchese, the NetChoice director of litigation, said the opinion represented an affirmation that governments cannot control or censor internet speech.
“Like all Americans, Floridians have the right to access lawful speech without the government controlling what they say, share or see online,” Marchese said in a statement emailed to the Florida Record. “This decision marks a critical win not only for Floridians but also for preserving the vibrant marketplace of ideas online.”
Tech company associations have also said Florida policymakers would be better off expanding digital education programs, working with companies on the use of existing safety tools and strengthening the authority of law enforcement to crack down on cybercriminals.
NetChoice has alleged that forcing companies to to keep data on users’ ages, identities, and parental status increases the risk of future security breaches. In addition, the law mistakenly puts the government in charge of parenting, the association said.
“We look forward to seeing this statute permanently blocked as a violation of Floridians’ constitutional right to engage in lawful speech online.” Matt Schruers, the CCIA’s president and CEO, said in a statement.
Limiting Florida’s youth from accessing lawful website content goes against the Constitution’s free-speech protections, according to CCIA.
