Federal judge halts Florida's social media ban for kids

A federal judge has granted a preliminary injunction against Florida’s HB 3, a law regarding youth and social media accounts. 

Chief U.S. District Judge Mark Walker in Tallahassee says in court documents obtained by FOX Business that the law is a violation of the First Amendment’s protections on free speech.

Walker’s ruling on Tuesday sides with trade groups NetChoice and Computer and Communications Industry Association, putting HB 3 on hold until the litigation is resolved.

“Today’s ruling is yet another affirmation that the government cannot control or censor online speech. Like all Americans, Floridians have the right to access lawful speech without the government controlling what they say, share or see online,” Chris Marchese, NetChoice Director of Litigation, said in a statement.

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

Jeremy Redfern, a spokesman for Republican Florida Attorney General James Uthmeier, whose office is defending the law, said in a statement obtained by Reuters that the “platforms do not have a constitutional right to addict kids to their products.” Uthmeier’s office plans to appeal it to the 11th U.S. Circuit Court of Appeals, he said.

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HB 3 requires social media platforms to bar users under the age of 14 and requires users under 16 to get parental consent before opening an account. It was supposed to go into effect Jan. 1, but was put on hold due to litigation.

NetChoice, which represents social media platforms, has won injunctions in recent months against similar laws in Utah and California that restricted the use of social media platforms by youths.

In Tuesday’s ruling, Walker said he appreciated that parents are concerned about their children’s social media use, but that other, unchallenged provisions of the law offered them recourse. The industry groups did not address some parts of the law that directed social media companies to delete youth accounts at parental request.

Reuters contributed to this report.