A federal judge in Arkansas permanently blocked a law requiring age verification for social media accounts, deeming it unconstitutional.
The law was stopped by U.S. District Judge Timothy L. Brooks of the Western District of Arkansas.
In a Monday ruling, the judge said the law, known as Act 689, would violate the First Amendment rights of Arkansans because it is a “content-based restriction” on speech rights and the restriction isn’t narrowly tailored for a government interest.
The Arkansas law would require people under 18 to only access certain sites with parental permission. Companies would verify the ages of those in the state looking to make an account and ensure minors have parental permission.
NetChoice, the nonprofit for tech companies that brought the suit against the state, celebrated the judge’s decision.
“The court confirms what we have been arguing from the start: laws restricting access to protected speech violate the First Amendment,” NetChoice Litigation Center Director Chris Marchese said in a statement. “And while we are grateful that this law has been permanently struck down and free speech online preserved, we remain open to working with Arkansas policymakers to advance legislation that protects minors without violating the Constitution.”
Marchese argued the judge’s ruling protects Americans from handing over their IDs for “biometric data” to access online content.
“It reaffirms that parents — not politicians or bureaucrats — should decide what’s appropriate for their children,” he said.
NetChoice argued that the law was vague, since some apps such as Meta's Facebook and Instagram, along with TikTok and X, were included, but others such as YouTube were not.
The 2023 law was a big push of Arkansas Gov. Sarah Huckabee Sanders (R) in her first year in office, the Arkansas Advocate reported. Several other states have sought to implement age-verification laws after Arkansas passed its own. While the act passed in 2023, it has not been implemented due to the ongoing court procedures.
Arkansas Attorney General Tim Griffin (R) told the Advocate that he respects the judge's decision, and his office is evaluating its options.
