The judge prevents Florida from enforcing the ban on social media for children while the trial continues
Tallahassee, Florida – A federal judge forbidden state officials to enforce a Florida law which would prohibit social media accounts for young children, while a legal challenge against the law takes place. US district judge Mark Walker made the order on Tuesday, preventing the parties of the law from taking effect.
The measure was one of the most restrictive prohibitions in the United States on the use of social media by children when Governor Ron Desantis signed it in 2024.
In his order granting the preliminary injunction sought by the computer of the groups & Association of the communications industry and Netchoice, Walker wrote that the law is “probably unconstitutional”, but recognized that parents and legislators have “sincere concerns” concerning the effects of social media on children.
Walker has written that the ban on social media platforms to allow certain age groups to have accounts “burden directly say the rights of these young people to commit and access the discourse”.
Also on Tuesday, an Atlanta federal judge heard the arguments of Netchoice seeking to block a law of Georgia in 2024 which was to take effect on July 1 which would require an age verification for social media accounts and demand children under the age of 16 to obtain a parental authorization for accounts. As in Florida and in other states where the laws have been blocked, the Internet trade group Netchoice maintains that the Georgia law undermines the rights of freedom of expression, is vague and too heavy.
While defending itself with the affirmations of industrial groups according to which the law limits freedom of expression, Walker authorized a provision of the law of Florida to enter into force, forcing the platforms to close the accounts for children under the age of 16, if their parent or tutor requests it.
Parents – and even some adolescents themselves – are increasingly concerned about the effects of the use of social media on young people. Law supporters said they were necessary to help slow the explosive use of social media among young people, and what researchers say is an associated increase in depression and anxiety.
Matt Schrurs, President and Chief Executive Officer of the CCIA Industry Association, praised the ordinance of the judge blocking the Florida law.
“This decision justifies our argument that Florida’s status violates the first amendment by blocking and restricting minors – and adults probably also – using certain websites to see legal content,” he said in a statement. “We are impatient to see this status constantly blocked as a violation of the constitutional law of the Floridians to engage in a legal discourse online.”
A spokesperson for the Attorney General of Florida James Uthmeier defended the law and efforts of the state to isolate social media children at a time when platforms like Tiktok, Instagram and Snapchat seem almost impossible to escape.
“Florida’s parents voted through their representatives elected for a law protecting children from harmful tragic impacts and sometimes for life in social media. These platforms have no constitutional right to drug addicts to their products,” said Uthmeier press secretary, Jae Williams, in a press release. “We do not agree with the court order and will immediately request a repair from the 11th Circuit Court of Appeals.”
In Atlanta, Netchoice’s lawyer Jeremy Maltz told the American district judge Amy Totenberg that the Georgia law would restricable speech by minors, saying that “before sharing your art, before sharing your political information, you must produce your papers, please.”
Totenberg did not rule on Tuesday. But quoting decisions against similar laws in other states, she expressed skepticism about the Georgia affair, asking the assistant prosecutor Logan Winkles: “What makes every other day different?”
Winkles argued that the requirements of the law of “commercially reasonable” attempts to verify age could be fairly cheap and compared it to the ban on bars minors serving alcohol, and not to restore their speech.
“There are things about social media that makes him dangerous,” said Winkles. “It is a place where children are limited. It is not a question of speech. “
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The writer Associated Press, Jeff Amy, contributed to Atlanta.
___ Kate Payne is a member of the body for the Associated Press / Report for America Statehouse News Initiative. Report for America is a non-profit national services program that places journalists from local editorial rooms to account for undercurrent issues.
