June 3 (Reuters) - A Florida federal judge has halted
enforcement of a law in the state that would have barred most
social media platforms from allowing youth to have accounts,
saying it is a violation of the First Amendment's protections on
free speech.
Chief U.S. District Judge Mark Walker in Tallahassee granted
a motion for a preliminary injunction on Tuesday, siding with
trade groups NetChoice and Computer and Communications Industry
Association in holding that it unconstitutionally restricted the
speech of children. Under the ruling, the law will be on hold
until the litigation is resolved.
Jeremy Redfern, a spokesman for Republican Florida Attorney
General James Uthmeier, whose office is defending the law, said
in a statement 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.
The ruling is the latest win for the industry groups that
represent companies like Google and Meta Platforms ( META ), the
operators of YouTube and Facebook, and have successfully
challenged similar laws in states across the country.
"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's director of
litigation, said in a statement after the ruling.
The law, known as H.B. 3, required social media platforms to
bar users under the age of 14 and require users under 16 to get
parental consent before opening an account. It was set to take
effect January 1.
While the law was in effect in April, Florida sued Snap, the
owner of photo-sharing app Snapchat, accusing it of illegally
employing features that addict children and opening accounts for
children aged 13 and younger. Florida called Snap's conduct
"particularly egregious" because the Santa Monica,
California-based company markets Snapchat as safe for
13-year-olds, even though it can be used to view pornography and
buy drugs, among other harmful activities.
The case against Snap, which said the law infringes on
children's First Amendment rights, is ongoing, court records
show.
NetChoice has won injunctions in recent months against similar
laws in Utah and California that restricted the use of social
media platforms by youth.
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.