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FLORIDA - A federal judge has issued a preliminary injunction preventing Florida from enforcing a law that would restrict minors' access to social media platforms, citing potential violations of the First Amendment.
On June 3rd, Chief U.S. District Judge Mark Walker halted the implementation of House Bill 3 (HB 3), legislation signed into law by Governor Ron DeSantis in 2024.
The law aimed to prohibit children under 14 from creating social media accounts and required parental consent for those aged 14 and 15.
It was set to take effect on January 1st.
Judge Walker's decision came in response to a lawsuit filed by tech industry groups NetChoice and the Computer & Communications Industry Association, representing companies such as Google, Meta Platforms, and Snap Inc.
The plaintiffs argued that HB 3 infringed upon minors' rights to access and engage in lawful speech online.
In his ruling, Judge Walker emphasized the role of parents in managing their children's online activities, stating that they are best positioned to make individualized decisions regarding social media use.
He concluded that the law was not narrowly tailored to address the state's concerns without infringing on constitutional rights.
While the injunction halts the enforcement of age-based restrictions, it does not affect provisions allowing parents to request the deletion of their children's social media accounts.
Judge Walker acknowledged the state's concerns about the impact of social media on youth but maintained that any regulation must comply with constitutional protections.
In a related case, Florida Attorney General James Uthmeier filed a lawsuit against Snap Inc., alleging that the company violated HB 3 by employing features designed to addict children and by allowing users under 13 to create accounts.
Snap Inc. has contested the lawsuit, arguing that the law infringes on First Amendment rights and that there are more privacy-conscious solutions to address online safety and age verification .
The state of Florida plans to appeal Judge Walker's ruling to the 11th U.S. Circuit Court of Appeals.
Uthmeier's office maintains that "platforms do not have a constitutional right to addict kids to their products" and continues to defend the law's intent to protect minors from harmful online content .
This case is part of a broader national debate over the regulation of minors' access to social media, with similar laws being challenged in states like Utah and California.
The outcomes of these legal battles could have significant implications for how states address children's online safety while balancing constitutional rights.