bbieron@platformeconomyinsights.com

Arkansas Social Media Age Limit Fully Blocked by Federal Judge

Apr 1, 2025

Report from the Arkansas Advocate

In Brief – A federal judge has blocked Arkansas from enforcing its 2023 law that requires teenagers under age 18 to have parental consent to create accounts on social media platforms such as Facebook, Instagram, TikTok, and Snapchat. District Judge Timothy Brooks said in his order that Act 689 violates the First Amendment because it is a “content-based restriction on speech that is not narrowly tailored to serve a compelling government interest,” as well as the due process rights of the social media companies. Arkansas was one of the first states to enact an age limit for social media platforms and its law had the earliest effective data. NetChoice, a trade association of large digital platforms, has sued to block each of the state social media regulation and age-limit laws, including Arkansas’ measure, consistently winning temporary injunctions, including from Judge Brooks in August of 2023. NetChoice applauded the latest decision by Brooks, their first permanent injunction. Although he noted that the state has a compelling interest to protect minors from harms caused by “unfettered social media access”, the judge criticized the law as overly broad, by erecting barriers to entire social media platforms, unconstitutionally vague, for failing to adequately define which entities are subject to its requirements, and engaging in content-based regulation by exempting specific platforms including YouTube and LinkedIn.

Context – “Protecting” teenagers from various online harms is a global phenomenon. In the US, federal judges have identified First Amendment problems with state laws and raised privacy concerns with online age verification regimes. The US Supreme Court heard oral arguments in January on a Texas-law requiring age checks for porn sites. Age-gating online activity outside the US is not constrained by the First Amendment. In Europe, it is a major feature of the UK Online Safety Act, the EU Digital Services Act, and France is requiring age checks for online porn. Many countries in Asia are actively considering online age limits, and Australia has set a firm minimum age of 16 for social media.

View By Monthly
Latest Blog
US Supreme Court Soundly Rejects Broad ISP Liability for User Piracy

Report from the New York Times In Brief – The Supreme Court has unanimously ruled that Cox Communications cannot be held liable for copyright infringement committed by its users, even if the company knows some customers engage in piracy and yet it does not cut them...

Tech Trade Group Challenges Chicago’s Social Media Tax

Report from the Chicago Sun-Times In Brief – NetChoice, a digital company trade group, is suing to block the City of Chicago’s new social media tax, arguing it violates the First Amendment and the federal Permanent Internet Tax Freedom Act (PITFA). The new tax extends...

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