Latest news with #ChrisMarchese
Engadget
6 days ago
- Politics
- Engadget
Florida's social media law has been temporarily blocked by a federal judge
A federal judge has temporarily blocked Florida's new law that bans some children from using social media and requires parental consent for others, according to court documents. Judge Mark Walker ruled in favor of two tech organizations (NetChoice and the CCIA) representing social media organizations like Meta, Snap and X, saying that the state's bill HB3 signed into law in March this year is "likely unconstitutional." The law requires parent or guardian consent for 14- and 15-year-olds to make an account or use a pre-existing account on a social media platform, while children under 14 are banned altogether. Platforms must abide by requests to delete these accounts within five business days and each violation could result in a $10,000 fine. That increases to $50,000 per instance if it is ruled that the company participated in a 'knowing or reckless' violation of the law. "Floridians have the right to access lawful speech without the government controlling what they say, share or see online,' said NetChoice Director of Litigation, Chris Marchese. The state of Florida tried to bypass normal first amendment free speech protections by employing the "narrowly tailored" rules, saying the law is designed to protect children from five addictive features of social media: push notifications, auto-play videos, live streaming, infinite scrolling and personal metrics. However, the judge ruled that the application is too broad in ways that have been shot down before by the Supreme Court. "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," Judge Walker wrote. "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." Children could also be banned from social media even if the platforms created youth accounts without any of the five addictive features — as long as they were available for adults. The judge also called out the law's specificities about the ability of a child to access a platform based on how much time all children spend on the app. The ruling does leave one provision in place. Social media companies are still required to "terminate any account held by a youth under 16 in the state upon the request of a parent or guardian," as required by the bill. Yahoo, the parent company of Engadget, is a member of NetChoice.
Yahoo
03-04-2025
- Politics
- Yahoo
Judge blocks social media age-verification law in Arkansas
A federal judge in Arkansas permanently blocked a law requiring age verification for social media accounts, deeming it unconstitutional. The law was stopped by U.S. District Judge Timothy L. Brooks of the Western District of Arkansas. In a Monday ruling, the judge said the law, known as Act 689, would violate the First Amendment rights of Arkansans because it is a 'content-based restriction' on speech rights and the restriction isn't narrowly tailored for a government interest. The Arkansas law would require people under 18 to only access certain sites with parental permission. Companies would verify the ages of those in the state looking to make an account and ensure minors have parental permission. NetChoice, the nonprofit for tech companies that brought the suit against the state, celebrated the judge's decision. 'The court confirms what we have been arguing from the start: laws restricting access to protected speech violate the First Amendment,' NetChoice Litigation Center Director Chris Marchese said in a statement. 'And while we are grateful that this law has been permanently struck down and free speech online preserved, we remain open to working with Arkansas policymakers to advance legislation that protects minors without violating the Constitution.' Marchese argued the judge's ruling protects Americans from handing over their IDs for 'biometric data' to access online content. 'It reaffirms that parents — not politicians or bureaucrats — should decide what's appropriate for their children,' he said. NetChoice argued that the law was vague, since some apps such as Meta's Facebook and Instagram, along with TikTok and X, were included, but others such as YouTube were not. The 2023 law was a big push of Arkansas Gov. Sarah Huckabee Sanders (R) in her first year in office, the Arkansas Advocate reported. Several other states have sought to implement age-verification laws after Arkansas passed its own. While the act passed in 2023, it has not been implemented due to the ongoing court procedures. Arkansas Attorney General Tim Griffin (R) told the Advocate that he respects the judge's decision, and his office is evaluating its options. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
The Hill
02-04-2025
- Politics
- The Hill
Judge blocks social media age-verification law in Arkansas
A federal judge in Arkansas permanently blocked a law requiring age verification for social media accounts, deeming it unconstitutional. The law was stopped by U.S. District Judge Timothy L. Brooks of the Western District of Arkansas. In a Monday ruling, the judge said the law, known as Act 689, would violate the First Amendment rights of Arkansans because it is a 'content-based restriction' on speech rights and the restriction isn't narrowly tailored for a government interest. The Arkansas law would require people under 18 to only access certain sites with parental permission. Companies would verify the ages of those in the state looking to make an account and ensure minors have parental permission. NetChoice, the nonprofit for tech companies that brought the suit against the state, celebrated the judge's decision. 'The court confirms what we have been arguing from the start: laws restricting access to protected speech violate the First Amendment,' NetChoice Litigation Center director Chris Marchese said in a statement. 'And while we are grateful that this law has been permanently struck down and free speech online preserved, we remain open to working with Arkansas policymakers to advance legislation that protects minors without violating the Constitution.' Marchese argued the judge's ruling protects Americans from handing over their IDs for 'biometric data' to access online content. 'It reaffirms that parents — not politicians or bureaucrats — should decide what's appropriate for their children,' he said. NetChoice argued that the law was vague, since some apps likes Meta including Facebook and Instagram, along with TikTok and X, were included, but others like YouTube were not. The 2023 law was a big push of Gov. Sarah Huckabee Sanders (R-Ark.) in her first year in office, The Arkansas Advocate reported. Several other states have sought to implement age-verification laws after Arkansas passed its own. While the act passed in 2023, it has not been implemented due to the ongoing court procedures. Arkansas Attorney General Tim Griffin (R) told the Advocate that he respects the judge's decision, and his office is evaluating its options.
