bbieron@platformeconomyinsights.com

Arkansas Will Delay Enforcement of Social Media Law

Jul 1, 2025

Report from MediaPost

In Brief – The Attorney General of Arkansas has agreed that the state will not enforce legislation that prohibits social media platforms from using algorithms that could “cause” a user to commit suicide, buy drugs, develop an eating disorder, or become addicted to social media until a federal judge rules on NetChoice’s motion to block the law as unconstitutional. The statute, which had been slated to take effect August 5, was part of a package of bills restricting how social media platforms serve teens in the state enacted earlier this year in response to a federal court decision blocking the state’s 2023 Social Media Safety Act that included setting an 18-year-old age limit for social media platforms. NetChoice argues the latest law violates the First Amendment, including by being “hopelessly vague,” adding that someone “of ordinary intelligence” has no way of knowing “whether a particular ‘feature’ will cause some unidentified user to purchase a controlled substance, develop an eating disorder, engage in self-harm, or become ‘addicted’ to the online service.” As part of the agreement to not enforce the new law pending a ruling on NetChoice’s request for a preliminary injunction, the AG’s office and NetChoice agreed to extend the deadline until September 1 for the state to respond to NetChoice’s motion.

Context – States keep passing laws regulating social media on the premise that they are harmful to teens. And the laws keep getting blocked by federal judges. Georgia, is the most recent example, following on the heels of Florida, Ohio, Utah, Arkansas, and California. Although the Supreme Court recently ruled that a Texas law requiring online pornography sites to employ age verification was constitutionally acceptable, applying “intermediate” scrutiny to the law, the Court’s majority stressed that minors had no First Amendment right to access pornography. Most of the federal judges blocking the state social media laws are consistently ruling that teens have clear First Amendment rights to use social media platforms, therefore the laws must be judged using “strict” scrutiny.

View By Monthly
Latest Blog
Federal Appeals Court Panel Upholds Florida Teen Social Media Law

Report from the Orlando Sentinel In Brief – A unanimous three-judge panel of the 11th Circuit Court of Appeals panel has ruled Florida’s law restricting minors’ social media accounts is likely constitutional and is allowing enforcement during remaining litigation. The...

The Federal Trade Commission is Investigating Anthropic and OpenAI

Report from the Wall Street Journal In Brief – Federal Trade Commission officials have said that the agency is investigating Anthropic and OpenAI over whether they have deceived consumers about potential harms from AI. The effort has reportedly been underway for weeks...

Polish Antitrust Regulator Presses Google on Media Payments

Report from Digital Watch In Brief – Poland’s competition regulator has opened an investigation of Google that accuses the search giant of abusing its market dominance in negotiations with news publishers over payments for the use of media article snippets in results...

White House SI Force Orders AI Companies to Quickly Report Incidents

Report from Silicon Valley In Brief – The White House, through its recently established Super Intelligence (SI) Force, has demanded “full transparency” and “immediate remediation” after Anthropic disclosed that its AI agents submitted false information to the...

California Enacts Law Regulating AI Use by Employers

Report from CNBC In Brief – California Governor Gavin Newsom (D) has signed SB 947, the No Robo Bosses Act, making California the first state to prohibit employers from relying solely on artificial intelligence to discipline or fire workers. Employers that heavily use...

Platform Economy Insights produces a short email four times a week that reviews two top stories with concise analysis. It is the best way to keep on top of the news you should know. Sign up for this free email here.

* indicates required