Florida ban on kids using social media likely unconstitutional, judge rules

A federal judge ruled today that Florida cannot enforce a law that requires social media platforms to block kids from using their platforms. The state law “is likely unconstitutional,” US Judge Mark Walker of the Northern District of Florida ruled while granting the tech industry’s request for a preliminary injunction.

The Florida law “prohibits some social media platforms from allowing youth in the state who are under the age of 14 to create or hold an account on their platforms, and similarly prohibits allowing youth who are 14 or 15 to create or hold an account unless a parent or guardian provides affirmative consent for them to do so,” Walker wrote.

The law is subject to intermediate scrutiny under the First Amendment, meaning it must be “narrowly tailored to serve a significant governmental interest,” must “leave open ample alternative channels for communication,” and must not “burden substantially more speech than is necessary to further the government’s legitimate interests,” the ruling said.

Florida claimed its law is designed to prevent harm to youth and is narrowly tailored because it targets sites that use specific features that have been deemed to be addictive. But the law applies too broadly, Walker found:

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. As applied to Plaintiffs’ members alone, the law likely bans all youth under 14 from holding accounts on, at a minimum, four websites that provide forums for all manner of protected speech: Facebook, Instagram, YouTube, and Snapchat. It also bans 14- and 15-year-olds from holding accounts on those four websites absent a parent’s affirmative consent, a requirement that the Supreme Court has clearly explained the First Amendment does not countenance.

Walker said the Florida “law applies to any social media site that employs any one of the five addictive features under any circumstances, even if, for example, the site only sends push notifications if users opt in to receiving them, or the site does not auto-play video for account holders who are known to be youth. Accordingly, even if a social media platform created youth accounts for which none of the purportedly ‘addictive’ features are available, it would still be barred from allowing youth to hold those accounts if the features were available to adult account holders.”