Latest news with #NetChoice
Yahoo
2 hours ago
- General
- Yahoo
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. Texas Bill Pushes Strictest Social Media Ban For Minors In The Nation "Lawmakers should focus on real, constitutional alternatives that respect both family autonomy and free speech," he continued. Read On The Fox Business App 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. Snapchat 'Openly Defying' Law, Allowing Kids Access To Harmful, Addictive Content: Florida Ag 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. Click Here To Read More On Fox Business 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. Original article source: Federal judge halts Florida's social media ban for kids
Engadget
4 hours 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.
8 hours ago
- Health
Federal judge blocks Florida from enforcing social media ban for kids while lawsuit continues
TALLAHASSEE, Fla. -- A federal judge has barred state officials from enforcing a Florida law that would ban social media accounts for young children, while a legal challenge against the law plays out. U.S. District Judge Mark Walker issued the order Tuesday, blocking portions of the law from taking effect. The measure was one of the most restrictive bans in the U.S. on social media use by children when Gov. Ron DeSantis signed it into law in 2024. The law would ban social media accounts for children under 14 and require parental permission for their use by 14- and 15-year-olds. In his order granting the preliminary injunction sought by the groups Computer & Communications Industry Association and NetChoice, Walker wrote that the law is 'likely unconstitutional,' but acknowledged that parents and lawmakers have 'sincere concerns' about social media's effects on kids. Walker wrote that the prohibition on social media platforms from allowing certain age groups to have accounts 'directly burdens those youths' rights to engage in and access speech.' Also Tuesday, a federal judge in Atlanta heard arguments from NetChoice seeking to block a 2024 Georgia law scheduled to take effect July 1 that would require age verification for social media accounts and require children younger than 16 to get parental permission for accounts. Like in Florida and other states where laws have been blocked, the internet trade group NetChoice argues that the Georgia law infringes on free speech rights, is vague, and overly burdensome. While siding with the industry groups' claims that the law limits free speech, Walker allowed a provision of the Florida law to go into effect requiring platforms to shut down accounts for children under 16, if their parent or guardian requests it. Parents — and even some teens themselves — are growing increasingly concerned about the effects of social media use on young people. Supporters of the laws have said they are needed to help curb the explosive use of social media among young people, and what researchers say is an associated increase in depression and anxiety. Matt Schruers, the president and CEO of the industry association CCIA, praised the judge's order blocking the Florida law. 'This ruling vindicates our argument that Florida's statute violates the First Amendment by blocking and restricting minors — and likely adults as well — from using certain websites to view lawful content," he said in a statement. "We look forward to seeing this statute permanently blocked as a violation of Floridians' constitutional right to engage in lawful speech online." A spokesperson for Florida Attorney General James Uthmeier defended the law and the state's efforts to insulate kids from social media at a time when platforms like TikTok, Instagram and Snapchat seem almost impossible to escape. 'Florida parents voted through their elected representatives for a law protecting kids from the harmful and sometimes lifelong tragic impacts of social media. These platforms do not have a constitutional right to addict kids to their products,' Uthmeier's press secretary Jae Williams said in a statement. 'We disagree with the court's order and will immediately seek relief in the 11th Circuit Court of Appeals.' In Atlanta, NetChoice attorney Jeremy Maltz told U.S. District Judge Amy Totenberg that Georgia's law would impermissibly restrict speech by minors, saying that 'before you share your art, before you share your political information, you need to produce your papers, please.' Totenberg did not rule Tuesday. But citing rulings against similar laws in other states, she expressed skepticism about Georgia's case, asking Deputy Attorney General Logan Winkles: 'What makes today different from all other days?" Winkles argued the law's requirement of 'commercially reasonable' attempts to verify age could be quite cheap and likened it to banning minors from bars serving alcohol, not restricting their speech. 'There are things about social media that make it dangerous,' Winkles said. 'It's a place where children are being restricted. It's not about speech.' Associated Press writer Jeff Amy contributed from Atlanta.
Yahoo
17 hours ago
- General
- Yahoo
Federal judge blocks enforcement of law barring kids from social media
The Joseph Woodrow Hatchett U.S. Courthouse and Federal Building in Tallahassee, Sept. 27, 2022. Credit: Michael Moline A federal judge blocked on Tuesday the state's enforcement of a 2024 state law requiring social media platforms to delete accounts of kids 15 years old and younger. The preliminary victory for the two trade associations representing social media giants comes after U.S. District Judge Mark Walker had dismissed the suit in March because the companies had not proven they would be affected. However, Walker barred the state from enforcing the law on Tuesday (HB 3), writing that it stifled minors' First Amendment rights and that there were other avenues to combat mental health concerns associated with the use of social media. '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 wrote. NetChoice and Computer & Communications Industry Association, representing companies including Google, Facebook, Instagram, Snapchat, and YouTube, filed the suit against the law in October and the former Attorney General Ashley Moody had agreed not to enforce it while the parties waited for a decision from Walker on whether to temporarily block it or allow fines of up to $50,000 per violation. The attorney general's office will appeal Walker's block to the Eleventh Circuit Court of Appeals, said Jeremy Redfern, the attorney general's director of communications, in an email to Florida Phoenix. 'Florida parents voted through their elected representatives for a law protecting kids from the harmful and sometimes lifelong tragic impacts of social media,' Redfern wrote. 'These platforms do not have a constitutional right to addict kids to their products.' Walker disagreed with the state's argument that parental control features weren't enough to protect kids from addictive features and that the law only prohibits kids from having accounts and doesn't restrict access to the content altogether. 'While it is true that at least one of these platforms, YouTube, does not require users to be account holders to passively view some content, all require users to hold accounts in order to share one's own content—in other words, to speak,' Walker wrote. CCI's president and CEO, Matt Schruers, celebrated the ruling. 'This ruling vindicates our argument that Florida's statute violates the First Amendment by blocking and restricting minors—and likely adults as well—from using certain websites to view lawful content,' he wrote in a press release. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
Yahoo
18 hours ago
- General
- Yahoo
Federal judge blocks Florida's social media ban for children
June 3 (UPI) -- A federal judge in Florida on Tuesday temporarily blocked a state ban on social media for children, calling it "likely unconstitutional." Chief U.S. District Judge Mark Walker issued a 58-page order, reversing part of the 2024 state law, which prohibits anyone under the age of 16 from using certain social media platforms, with the exception of 14- and 15-year-olds who have parental permission. "Although this court today finds that Florida's challenged law is likely unconstitutional, it does not doubt that parents and legislators in the state have sincere concerns about the effects that social media use may have on youth, nor does it render parents or the state powerless to address those concerns," Walker wrote. House Bill 3, also called "Online Protections for Minors," received bipartisan support when it passed last year. The bill, which was signed into law by Gov. Ron DeSantis, requires social media sites to delete accounts for anyone under the age of 14 or face hefty fines. The law was scheduled to go into effect on Jan. 1, but the state attorney general's office agreed not to enforce it until the judge could rule on the request for a preliminary injunction. NetChoice and the Computer & Communications Industry Association, which represents social media platforms including Meta, Google and Snapchat, filed their lawsuit in October. "This ruling vindicates our argument that Florida's statute violates the First Amendment by blocking and restricting minors -- and likely adults as well -- from using certain social media websites to view lawful content," Matt Schruers, president of Computer & Communications Industry Association, said Tuesday in a statement. While the judge focused on the social media provisions of the law, he left intact the age verification requirement to access pornographic websites. "An established principle of the First Amendment context is that enabling individuals to voluntarily restrict problematic content at the receiving end is preferred over restricting speech at the source," Walker wrote. "In this context, that means that parents are best positioned to make the appropriately individualized determinations about whether or when their children should use social media platforms," the judge added. Attorney General James Uthmeier, who was named as a defendant in the case, disagreed with Tuesday's ruling. His office said it plans to appeal. "Florida parents voted through their elected representatives for a law protecting kids from the harmful and sometimes lifelong tragic impacts of social media," said spokesperson Jeremy Redfern. "These platforms do not have a constitutional right to addict kids to their products."
