Obama-appointed judge blocks red state ban on social media for kids

A federal judge on Tuesday granted a preliminary injunction against a Florida law that bans social media for minors under the age of 14.

The law was signed by Republican Gov. Ron DeSantis in 2024 in an attempt to protect children from harmful content online, but now faces legal pushback from digital service companies Computer & Communications Industry Association (CCIA) and NetChoice. Obama-appointed district judge Mark E. Walker granted the motion, agreeing with the plaintiffs that the law is “likely unconstitutional.”

“Although this Court today 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,” the order reads. “[T]his Court simply recognizes that the First Amendment places stringent requirements on the State to avoid substantially burdening speech unless the State can show that doing so is necessary to achieve its significant interests.”

Walker wrote that the law has an “unlawful impact on Plaintiffs’ and youth’s First Amendment rights.” The order still leaves room for the state to require social media platforms to terminate the accounts of minors under the age of 16 at the request of the child’s parents.

“Today’s ruling is yet another affirmation that the government cannot control or censor online speech,” Chris Marchese, NetChoice director of litigation, told the Daily Caller News Foundation. “Like all Americans, Floridians have the right to access lawful speech without the government controlling what they say, share or see online. This decision marks a critical win not only for Floridians but also for preserving the vibrant marketplace of ideas online.”

“Lawmakers should focus on real, constitutional alternatives that respect both family autonomy and free speech,” Marchese continued.

While several other states have attempted to push through similar legislation, many of these laws are met with legal action. Even Australia has moved to ban social media for users under the age of 16 due to the “harms caused by content or addictive behaviors as a result of social media.”

“This ruling vindicates our argument that Florida’s statute violates the First Amendment by blocking and restricting minors—and likely adults as well—from using certain websites to view lawful content,” CCIA President and CEO Matt Schruers said in a statement to the DCNF. “We look forward to seeing this statute permanently blocked as a violation of Floridians’ constitutional right to engage in lawful speech online.”

A CCIA spokesman told the DCNF they “expect this to be appealed, but to win at the Court of Appeals as well given the way courts have ruled on similar First Amendment issues in other cases we have brought.”

Laws intending to put restrictions on social media companies are frequently struck down in the courts, including a 2021 law signed by DeSantis which tried to combat social media censorship by fining platforms if they ban candidates for elected office from using their apps. The law was challenged by NetChoice, and the courts decided that social media companies’ First Amendment rights allowed them to decide what content was permitted on their platform.

The Florida Attorney General’s office did not immediately respond to the DCNF’s request for comment.

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