A federal judge has blocked Florida’s new social media law, calling it a clear violation of free speech. Chief U.S. District Judge Mark Walker sided with tech trade groups in his ruling Tuesday. The law, HB 3, will remain on hold until the lawsuit is resolved.
“This is yet another affirmation that the government cannot control or censor online speech,” said Chris Marchese, Director of Litigation at NetChoice. “Floridians have the right to access lawful speech without interference.” NetChoice and the Computer and Communications Industry Association led the challenge.
HB 3 would have banned users under 14 from social media entirely. It also required parental consent for anyone under 16 to open an account. The law was set to take effect January 1 but faced immediate legal challenges.
Judge Walker acknowledged that parental concerns are valid. But he noted that parts of the law already allow parents to request deletion of their children’s accounts. That portion remains unchallenged and in place.
Florida’s Republican Attorney General James Uthmeier is defending the law. His spokesman Jeremy Redfern pushed back, saying, “Platforms do not have a constitutional right to addict kids to their products.” The state plans to appeal to the 11th U.S. Circuit Court of Appeals.
NetChoice has had similar success fighting youth social media restrictions in Utah and California. Courts in those states also ruled in favor of free speech rights. The Florida case is the latest in a national battle over tech regulation.
Critics of HB 3 say it’s too broad and violates the First Amendment. Supporters argue it’s necessary to protect children online. For now, the court has decided the Constitution comes first.