A federal judge has rejected Florida’s bid to dismiss a lawsuit challenging part of the state law that limits minors’ access to social media.
U.S. District Judge Mark Walker, sitting in Tallahassee, wrote that he believed the trade associations representing social media platforms had the “better of the argument” on the state’s argument to dismiss the case. His order was dated Oct. 7.
A lawsuit challenges a portion of a 2024 law (HB 3) that was meant to go into effect Jan. 1, but its enforcement was held off by the state attorney general’s office until Walker ruled on a preliminary injunction. It’s a court order issued early in a lawsuit to temporarily stop the enforcement of something — like a law — until the case is decided.
In June, Walker issued his order blocking the provision prohibiting anyone under 16 from using some social media platforms, excluding 14- and 15-year-olds who obtain parental permission.
Since last year, NetChoice and the Computer & Communications Industry Association (CCIA) — trade associations representing social media platforms like Meta, Google, Youtube and Snapchat — have argued that the state’s law violates the First Amendment by limiting minors’ access to social media websites.
“This Florida law deserves exacting review on several legal grounds. The Court’s ruling today ensures it gets that review under not only the First Amendment but also for the ways it undercuts federal privacy law. Our full challenge will continue and we will keep fighting this unconstitutional, badly conceived statute,” said Stephanie Joyce, chief of staff and senior vice president of CCIA, in a statement.
Jae Williams, a spokesperson for Florida Attorney General James Uthmeier, said an appeal is still pending over the judge’s previous order blocking enforcement of part of the state’s law: “The state remains optimistic in these proceedings, particularly following Judge Walker’s recent decision to deny NetChoice’s motion for summary judgment and allow the state to continue its discovery process.”
In August, Uthmeier said social media companies had no business speaking for kids in this lawsuit, since the trade groups haven’t “personally suffered a deprivation of federal rights.” At the time, Uthmeier wrote that the state only grants “the party injured” the right to bring action, and he argued trade associations didn’t fall under that qualifier.
“It does not give trade associations a derivative action to assert the rights of others who have been deprived of their rights,” Uthmeier said in an Aug. 21 motion.
This lawsuit only focuses on one part of the 2024 Florida law, which also mandates porn websites to verify the age of its user to view adult content. Another lawsuit was dropped by the Free Speech Coalition after the U.S. Supreme Court upheld a similar law in Texas in mid-June.
This reporting content is supported by a partnership with Freedom Forum and Journalism Funding Partners. USA Today Network-Florida First Amendment reporter Stephany Matat is based in Tallahassee, Fla. She can be reached at SMatat@gannett.com. On X: @stephanymatat.
This article originally appeared on Tallahassee Democrat: Judge rejects Florida bid to dismiss social media lawsuit
Reporting by Stephany Matat, USA TODAY NETWORK – Florida / Tallahassee Democrat
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