A federal judge has temporarily halted the implementation of Arkansas’ social media age verification law just hours before it was scheduled to take effect. This law is the first of its kind in the United States and mandates age verification for individuals opening new social media accounts, as well as requiring those under 18 to obtain parental or guardian permission for such accounts.
The significance of this development lies in its potential impact on the First Amendment rights of minors. Judge Tim Brooks, in his ruling, stated that the law places an undue burden on the free speech rights of both minors and adults and does not effectively address the identified concerns.
The law’s vagueness poses a risk to social media companies, which are being represented by NetChoice in their lawsuit against the state. The judge’s decision to grant a temporary injunction comes as a relief for these companies, as the law could have caused them irreparable harm.
NetChoice sought the injunction to prevent the law from taking effect on September 1, while the legal case proceeds. It’s worth noting that similar laws in four other states requiring social media companies to verify users’ ages through a third party are set to go into effect after Arkansas’ law.
Utah, California, and Texas will require users to be 18 or older, while Louisiana’s law sets the age limit at 16 for creating social media accounts. Supporters argue that these laws are essential for protecting children from online predators and harmful content, but opponents raise concerns about privacy, free speech, and enforceability, and criticize them for targeting large social media companies.
The ACLU chapter in Arkansas, represented by Holly Dickson, emphasizes that while parents have authority over their children, it is not the government’s role to dictate parental decisions. Chris Marchese, director of the NetChoice Litigation Center, expressed satisfaction with the court’s decision, highlighting the importance of safeguarding free speech online.
On the other hand, Senator Tyler Dees, the lead author of the bill, remains determined to defend the law, emphasizing the importance of protecting children. Arkansas Attorney General Tim Griffin expressed disappointment with the ruling but vowed to vigorously defend the law, acknowledging the federal judge’s recognition of the interest in protecting children.
It’s worth noting that individuals in Arkansas have turned to virtual private network (VPN) services to bypass content restrictions, as seen when Pornhub blocked access to its site in response to a similar age verification law that went into effect on August 1.