Arkansas Senate approves proposed changes to blocked social media age verification law
The Arkansas House will consider a proposed amendment to the state's enjoined social media age verification law after the legislation received Senate approval Monday.
Additionally, the Senate will vote Tuesday on a bill that would create a right for parents to sue social media platforms if their child develops eating disorders, self-harms, commits or attempts suicide, or becomes addicted to the platform's feeds because of content the child was exposed to.
Sen. Tyler Dees, R-Siloam Springs, and Rep. Jon Eubanks, R-Paris, introduced both bills last week.
Senate Bill 611 would amend Act 689 of 2023, the Social Media Safety Act, which was the first of its kind in the nation and required social media platforms to verify the age of new account holders in Arkansas. Those under 18 could only access sites with parental permission.
A federal judge temporarily blocked Act 689 in August 2023, before it went into effect, and permanently blocked the law March 31 for violating the First Amendment and the due process clause of the U.S. Constitution.
The amendments to Act 689 in SB 611 more clearly define social media and apply the definition to more platforms, lower the age of minor users from under 18 to under 16 years old, prohibit social media algorithms from targeting minors, and add a penalty for companies that do not comply.
'There still is reasonable age-verification language, but it puts more emphasis on the social media company to make sure that they are not preying on the youth,' Dees said.
SB 611 passed the Senate with a bipartisan 21 votes. Four senators voted present and seven did not vote. Sens. Ricky Hill, R-Cabot; Jim Dotson, R-Bentonville; and Stephanie Flowers, D-Pine Bluff, voted against the bill.
Arkansas Legislature passes social media age verification bill over privacy, speech concerns
Hill expressed the same concerns he did in 2023 before he voted against Act 689.
'I know I'm not going to change any of y'all's minds, but I do want you to think about the slippery slope we're walking on,' Hill said. '…If you want to limit the freedom of speech, go ahead and continue to vote for this.'
Dees said SB 611 would not result in withholding content but instead would 'protect our most vulnerable.'
'We're trying to make sure that the profits of these social media companies don't come before the protection of our children,' Dees said.
Gov. Sarah Huckabee Sanders made the Social Media Safety Act a priority during her first year in office. In January, she called on lawmakers to amend the law and to give parents the right to take legal action against technology companies if their children experience mental health crises, such as suicidal ideation, tied to social media consumption.
No members of the public spoke for or against Senate Bill 612, the private right of action bill, before the Senate Judiciary Committee, which passed the bill with no audible dissent Monday.
Under SB 612, a social media platform could be held accountable for 'placing content on the feed, screen, account, or other digital medium of the minor that causes the minor to view the content without explicitly searching for that specific content and includes algorithmic promotion of the content based on a previous search or engagement' if viewing the content leads to 'significant bodily or cognitive harm.'
Dees told both the committee and the full Senate that technology companies have contacted him asking for the bills to be amended so it would not be applicable to them. He said he is open to amending the bill but does not want to accommodate billion-dollar companies that have 'neglected our youth.'
SB 611 and SB 612 both establish a civil penalty of $10,000 per violation. The penalty for violating the Social Media Safety Act was originally $2,500 per violation.
Sens. Clarke Tucker, D-Little Rock, and Gary Stubblefield, R-Branch, both asked Dees during the committee meeting how a plaintiff would prove under SB 612 that a social media platform 'knowingly' caused intangible harm to a minor.
Whether a platform leads a minor to 'develop or sustain an addiction' to it, as SB 612 states, is 'a little tougher to prove' than a suicide attempt or an eating disorder 'without getting inside someone's head,' Tucker said.
Dees said SB 612 is 'the framework to have that discussion' and creates a process for the courts to decide 'if there's damaging aspects that have taken place as a result of an interaction with Big Tech.'
Dees and Eubanks also sponsored the Bell to Bell, No Cell Act, which Sanders signed in February, that bans personal electronic devices, including cell phones and smart watches, in schools.
In March, a bipartisan majority of House members approved two bills that mimic stalled federal legislation aimed at regulating companies' online interactions with children. Lead sponsor Rep. Zack Gramlich, R-Fort Smith, told the Advocate he does not expect to proceed with one of them, the Arkansas Kids Online Safety Act (KOSA).
The other bill is House Bill 1717, the Arkansas Children and Teens' Online Privacy Protection Act. Gramlich said he is amending the bill and hopes to present it to the Senate Judiciary Committee on Wednesday.
HB 1717 would ban technology companies from collecting data from Arkansas minors except under specific circumstances, such as for financial transactions. They would also be barred from retaining that data and disclosing it to third parties that use the information in advertising targeted to children.
Editor's Note: If you or someone you know needs help, the national suicide and crisis lifeline in the U.S. is available by calling or texting 988. There is also an online chat at 988lifeline.org
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Politico
an hour ago
- Politico
Crypto cash threatens Sherrod Brown's comeback campaign
Fairshake — which is funded primarily by the crypto firms Coinbase and Ripple and the venture capital group Andreessen Horowitz — spent more money on his Ohio race than any other contest it targeted. The PAC plastered ads across the state boosting Republican Bernie Moreno, a crypto enthusiast and car dealer who successfully defeated Brown and now sits on the Banking panel himself. It is unclear if Brown would return as the Banking Committee's Democratic leader if he won, replacing Massachusetts Sen. Elizabeth Warren. Senate Democrats' rules state that 'the seniority of a Member with interrupted service or service in another Party does not date from that Member's initial entrance into the Senate' — meaning he would not be entitled to count his prior service. But Democratic leaders could seek to change those rules or grant an exception to Brown, their top recruit for the Ohio race. Regardless, crypto lobbyists worry that Brown could pose problems for them if he returns — especially given the brute-force tactics the industry used to try to take him out. And his opponent, Republican incumbent Jon Husted, has been a reliably industry-friendly vote. Husted, who was tapped to fill the vacancy created when JD Vance became vice president, hasn't been vocal about crypto issues during his short time in the Senate, but he has voted in favor of industry-backed bills on the floor and supported its goals when he served as Ohio's lieutenant governor. Husted campaign spokesperson Tyson Shepard said in a statement that if Brown enters the race, 'he will be starting in the biggest hole of his political career,' dubbing him Senate Minority Leader Chuck Schumer's 'handpicked candidate.' 'He has never faced a candidate like Jon Husted,' he said. 'Brown's slogans will ring hollow as his coalition walks away, tired of the radical policies he's forced to support to appease his coastal bosses in California and New York.' Despite losing by more than three percentage points to Moreno, Brown is seen as Democrats' best chance to win back the Ohio seat in 2026. He outran former Vice President Kamala Harris by more than seven points in the state, even as the crypto money contributed to a barrage of outside money that helped Republicans outspend Democrats in the race. Ohio Democrats hope a more favorable national environment will help propel Brown next year. 'Crypto can come in again and do whatever they're going to do,' said Jerry Austin, a longtime Democratic strategist in the state. 'I think they've shot their wad. And if they want to come back and do it again, I think a lot of things have happened between the last election and now, and that is what Trump's been doing in Ohio and the rest of the country.'
5 hours ago
Federal judge refuses to block Alabama law banning DEI initiatives in public schools
A federal judge on Wednesday declined a request to block an Alabama law that bans diversity, equity and inclusion initiatives in public schools and the teaching of what Republican lawmakers dubbed 'divisive concepts' related to race and gender. U.S. District Judge David Proctor wrote that University of Alabama students and professors who filed a lawsuit challenging the law as unconstitutional did not meet the legal burden required for a preliminary injunction, which he called 'an extraordinary and drastic remedy.' The civil lawsuit challenging the statute will go forward, but the law will remain in place while it does. The Alabama measure, which took effect Oct. 1, is part of a wave of proposals from Republican lawmakers across the country taking aim at DEI programs on college campuses. The Alabama law prohibits public schools from funding or sponsoring any DEI program. It also prohibits schools from requiring students to assent to eight 'divisive concepts' including that fault, blame or bias should be assigned to a race or sex or that any person should acknowledge a sense of guilt, complicity or a need to apologize because of their race, sex or national origin. Six professors and students at the University of Alabama filed a lawsuit arguing that the law violates the First Amendment by placing viewpoint-based restrictions on what educators teach. The lawsuit also said the law unconstitutionally targets Black students because it limits programs that benefit them. Professors said they had altered what they taught in their classes in the wake of the law and the university's guidance about it. A professor said he reduced coverage of the Black Power movement, the Black Lives Matter movement and the white nationalist movement in the wake of the law. Another said five students had made complaints suggesting that the interdisciplinary honors program she administered had potential conflicts with the new legislation. The university also shuttered designated spaces for the Black Student Union and a resource center for LGBTQ+ students in the wake of the law. Proctor wrote that a professor's academic freedom does not override a university's decisions about the content of classroom instruction. 'Importantly, SB 129 does not banish all teaching or discussion of these concepts from campus or, for that matter, even from the classroom," Proctor wrote. 'To the contrary, it expressly permits classroom instruction that includes 'discussion' of the listed concepts so long as the 'instruction is given in an objective manner without endorsement' of the concepts.' He added that the law appears to give notice about what is a violation. For example, he said a professor could not 'indoctrinate' students to believe that racial health disparities were the fault of one race of people but could still discuss the role of racism in health disparities. 'If, alternatively, the theory she teaches about is that there is empirical evidence that racism may be a cause for health disparities, or if she frames such teaching as merely a theory, she would not violate SB 129,' Proctor wrote. Will Creeley, legal director of the Foundation for Individual Rights and Expression, a nonpartisan First Amendment group, criticized the decision as dangerous and at odds with decades of Supreme Court precedent on academic freedom. 'Academic freedom protects the search for knowledge and truth from political pressure. That's the whole point," Creeley wrote in a statement. 'Faculty are hired to share and hone their expertise in a given field of study, not to read from a government script.'
Yahoo
7 hours ago
- Yahoo
Sen. Eric Barlow announces run for Wyoming governor
CHEYENNE — State Sen. Eric Barlow, R-Gillette, announced his bid for governor of Wyoming on Tuesday in Wright. Barlow served in the Wyoming House of Representatives for five consecutive terms from 2013 to 2022 before he began his first Senate term in 2023. He was Speaker of the House in 2021 and 2022, and currently chairs the Senate Labor, Health and Social Services Committee and the Mental Health and Vulnerable Adults Task Force, as well as serving on the Select Committee on Tribal Relations. Unlike some other candidates, his candidacy is not rooted in specific priorities or policies, he said. Rather, he would serve as a voice responding to his constituents' needs, whether that be Wyoming energy independence, rural health access or water infrastructure. 'I love Wyoming. I love her honest, hardworking people whose grit and independent spirit make our beloved state so great,' Barlow said in a prepared statement. 'Kelly and I have been blessed to raise our children, Kate and Graham, here. I want the next generations to have even greater opportunities and a future here in Wyoming.' According to his campaign website, Barlow's approach to public service is to 'show up, listen and get the job done.' 'My approach has always been to listen, learn and do the work,' Barlow said in the statement. 'Wyoming deserves leaders who show up, who do the work, and who get results. That's what I've done — and that's exactly the kind of governor I will be.' Sen. Eric Barlow, R-Gillette (2025) Sen. Eric Barlow, R-Gillette He is a fourth-generation Wyomingite who was born and raised in Campbell County on his family's ranch. After graduating from Campbell County High School in 1984, Barlow joined the U.S. military and served in the Marine Corps. Following his military service, he went to school in Colorado and earned his Ph.D. in veterinary medicine. While he and his wife were both in school, their two children were born. The family moved to Newcastle, where Barlow practiced as a veterinarian before ending up in Gillette two years later. His practice primarily focuses on caring for cattle, sheep and bison. When Barlow's father passed away, he and Kelly took charge of the family ranch in Campbell County, where they raised their two children, with Kelly primarily homeschooling them. Eric Barlow was appointed to the Wyoming Livestock Board in 2006 and served for six years before seeking election to the Wyoming House of Representatives. Together, they now raise cattle, sheep and yak on the family ranch. As an elected official, Barlow said he has supported energy independence, property tax reductions, access to health care and private property rights. 'I am a leader who stands firmly on sound, conservative principles and who will fiercely defend your rights, including the Second Amendment and sanctity of life. As your next governor, I will protect your private property rights, safeguard our public lands, and keep Washington, D.C., out of Wyoming's business,' he said in the statement. The 2026 race for Wyoming governor is still relatively uncrowded. So far, only two other candidates have announced a bid for the state's top elected seat: Brent Bien, a Republican from Cody who ran unsuccessfully in the 2022 GOP primary, and Joseph Kibler, a Republican from Cheyenne who runs a web development and marketing company. Former U.S. Senate candidate Reid Rasner, who lost by a wide margin in the 2024 Republican primaries to Sen. John Barrasso and who has ambitions to purchase TikTok, has filed a campaign finance account for governor but has yet to announce his candidacy. The other key players at the moment are the incumbent, Gov. Mark Gordon, who would have to challenge existing term limits to seek a third consecutive term; first-term Secretary of State Chuck Gray, who also is a former state legislator; and U.S. Rep. Harriet Hageman, who was elected to a second two-year term last November. None have made formal announcements of their intentions. In 2013, the Wyoming Supreme Court ruled that term limits on the top elected positions in the state were unconstitutional, but omitted the governor's terms from the ruling. This means Gordon could seek to amend the Constitution in a court challenge if he wanted to seek a third term. It is unclear whether that challenge would be successful, and he had not indicated any intention to do so at the time of publication. In July, Gray released an internal poll of how he would fare if he sought election to the seat of governor or the state's sole seat in the U.S. House of Representatives. Though he has not announced if or which seat he would seek, he indicated it is likely dependent on what Hageman does. Hageman has not yet indicated whether she will seek reelection to a third term in the U.S. House next year or make a run for governor.
