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A federal district judge in Utah has blocked a state law that demands age verification for social media platforms.
Judge Robert Shelby has issued a preliminary injunction after finding that NetChoice, the technology trade association that sued Utah over its Minor Protection in Social Media Act, was “likely to succeed” in its case. Even well-meaning laws meant to protect children have to clear a “tremendously high level of constitutional scrutiny,” Shelby said.
The group, which includes industry leaders like Google, Meta, and X, sued in December last year over claims the age verification requirement violated First Amendment free speech rights. In a statement following the injunction, NetChoice litigation director Chris Marchese claimed Utah’s measure would “backfire” and hurt the children it’s supposed to help.
The Act was signed into law in March 2023, but was amended in hopes of addressing free speech concerns. The modified law was signed a year later. On top of checking ages, it demands that social networks turn on the “maximum” privacy settings by default for kids, and disable potentially addictive features like nonstop scrolling.
The law was supposed to take effect October 1st, but Judge Shelby wasn’t convinced the changes were enough to let the measure move forward.
Social media age verification laws aren’t new. Arkansas, Florida, Louisiana, and Ohio have put similar bills forward. The proposed federal Protecting Kids on Social Media Act would also set a minimum age of 13 and require parental consent for minors. Australia’s government, meanwhile, hopes to ban social network use by children.
If the NetChoice lawsuit succeeds, it could have an impact on other states’ attempts to implement age checks. They may have to go through similar First Amendment challenges and either restrict the scope of their bills or drop them altogether.
