Florida Social Media Ban for Kids: Unconstitutional?
Judge Blocks Florida Social media Law Aimed at protecting Kids
A Florida law designed to regulate children’s access to social media platforms has been temporarily blocked by a federal judge. US District Judge Mark Walker ruled the law “is highly likely unconstitutional,” granting a preliminary injunction requested by the tech industry. The Florida social media law sought to prevent children under 14 from creating accounts and required parental consent for 14- and 15-year-olds.
Walker’s ruling stated the law is subject to scrutiny under the First Amendment. This means it must be narrowly tailored to serve a significant governmental interest without excessively restricting free speech. Florida argued the law aimed to protect children from harm and was narrowly tailored to target sites with “addictive features.”
though, the judge found the law to broad in its application. It potentially bans all children under 14 from platforms like Facebook, Instagram, YouTube, and Snapchat. It also restricts 14- and 15-year-olds without parental consent. This, Walker said, violates First Amendment principles.
Even assuming the significance of the State’s interest in limiting the exposure of youth to websites with “addictive features,” the law’s restrictions are an extraordinarily blunt instrument for furthering it.
Walker noted the Florida social media law applies even if a platform offers youth accounts without the “addictive” features available to adults.This broad reach contributed to the judge’s decision to block its enforcement.
What’s next
the state of Florida is expected to appeal the ruling. The legal battle over the Florida social media law and its impact on children’s online access is likely to continue.