Arkansas social media age law struck down, Gov. Sarah Huckabee Sanders seeks amended version
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A federal judge this week found that an Arkansas law requiring age verification for social media users is unconstitutional and permanently blocked the law, according to a ruling posted by the trade association that opposed it.
Why it matters: The law, known as Act 689 of 2023, had the potential to set a precedent for minors' First Amendment rights and was the first of its kind in the nation.
- Opponents of Act 689 argued that it raised privacy, free speech and enforceability concerns, while supporters said it could help protect children from harmful effects of social media.
The latest: Gov. Sarah Huckabee Sanders announced late Wednesday afternoon a proposed bill that would amend the law in hopes that it will be allowed go into effect.
- Some changes include clarifying the definition of "social media" and prohibiting social media algorithms from targeting minors, according to a news release from her office.
- SB611 was filed with state Sen. Tyler Dees (R-Siloam Springs) as the lead sponsor.
What they're saying: U.S. District Judge Timothy L. Brooks of the Western District of Arkansas said in Monday's ruling that Act 689 would "violate the First Amendment rights of Arkansans because it is a facially content-based restriction on speech that is not narrowly tailored to serve a compelling government interest."
- The ruling also states it would also violate plaintiffs' rights to due process because it is unconstitutionally vague in violation of the 14th Amendment.
- Arkansas Attorney General Tim Griffin said his office is evaluating next steps, but that he respects the ruling, the Arkansas Advocate reported.
Flashback: Brooks temporarily blocked the law just before it was set to take effect last fall.
How it works: The law required social media platforms like Facebook or Instagram to verify new users' ages and obtain parental consent for users under 18 before opening an account.
- Brooks argued that while unfettered social media access can be harmful to kids, there's no evidence the law would achieve the state's goal of protecting minors.
The intrigue: The ruling was the first permanent injunction that NetChoice has obtained against similar laws it has challenged, the organization's leaders said.