Fla. AG to 'Fight Aggressively' as Tech Groups Challenge Latest Social Media Law

Florida “cannot begin to show that its draconian access restrictions are necessary to advance any legitimate interest it may assert” to protect children, NetChoice and the Computer and Communications Industry Association (CCIA) wrote in a complaint Monday at the U.S. District Court for Northern Florida. The tech industry groups filed a First Amendment challenge against a Florida law set to take effect Jan. 1.

Florida officials had predicted -- and promised to fight -- an industry challenge of the law that mandates age verification on social media and pornography websites (see 2403250052). When Florida Gov. Ron DeSantis (R) signed the law in March, AG Ashley Moody (R) promised to “fight like hell to uphold this in court.” On Monday, a Moody spokesperson said her office was reviewing the complaint. “As a mother, Attorney General Moody will fight aggressively in court to ensure the ability to protect Florida children.”

The law requires parental consent before children ages 14 and 15 can use social media. In addition, it prohibits parents from overriding a ban on children 13 and younger. DeSantis vetoed an earlier version that would have prohibited all children's access to social media even with parental consent.

The new law also bans those younger than 18 from accessing porn sites. Moreover, it contains a private right of action, authorizing parents or legal guardians to sue platforms for allowing minors to create accounts.

The CCIA/NetChoice complaint (case 4:24-cv-00438) argues the district court should enjoin Moody from enforcing HB-3, which “is the latest attempt in a long line of government efforts to restrict new forms of constitutionally protected expression based on concerns about their potential effects on minors.” The U.S. Constitution says parents, not government, should decide what content is appropriate for their children, said the tech industry groups. “While states certainly have a legitimate interest in protecting minors who use such services, restricting the ability of minors (and adults) to access them altogether is not a narrowly tailored means of advancing any such interest.”

The Florida AG office finalized implementing regulations for the law earlier this month (see 2410070037). One rule says that a "commercial entity willfully disregards a person’s age if it, based on the facts or circumstance readily available to the respondent, should reasonably have been aroused to question whether the person was a child and thereafter failed to perform reasonable age verification.”

CCIA Chief of Staff Stephanie Joyce said in a statement Monday, “This social media law infringes on the First Amendment rights of both minors and adults by creating significant barriers to accessing online information that every American, including minors, has a right to see.”

NetChoice Associate Director of Litigation Paul Taske said the Florida legislation is “government censorship paired with massive security risks,” since it requires that users submit sensitive documents proving their age and parental status. He added that courts halted similar laws in six states.

The tech industry groups previously challenged a different Florida social media law that restricted platforms’ ability to moderate content, as well as a similar Texas law. In July, the U.S. Supreme Court remanded the Florida case to the 11th U.S. Circuit Court of Appeals (see 2407010053).