State AG: Florida Ready to 'Fight Like Hell' for Kids' Social Media Ban

New Florida restrictions on kids' social media use can withstand First Amendment scrutiny, state government leaders stressed during a Monday news conference for Gov. Ron DeSantis (R) signing HB-3. Tech industry group NetChoice probably will sue "the day after this bill is signed," said House Speaker Paul Renner (R). "But you know what? We're going to beat them."

The Florida law will mandate age verification on social media and pornography websites, effective Jan. 1. It allows parental consent for kids ages 14 and 15 to use social media but prohibits parents from overriding a ban on children 13 and younger. DeSantis vetoed an earlier version that wouldn't have allowed for any parental consent (see 2403070058 and 2403040054)). The new law also bans those younger than 18 from accessing porn sites.

NetChoice condemned the bill Monday but wouldn’t say if the tech industry would sue. The group previously sued Florida over another social media law. That litigation is now before the U.S. Supreme Court (see 2402270072 and 2402260051). “We don’t discuss legal strategy publicly,” a NetChoice spokesperson said in an email. “But we've repeatedly expressed our concerns about HB 3’s constitutionality in our public statements, testimony and in our veto letter.” Also raising First Amendment concerns in a statement, Computer & Communications Industry Association (CCIA) State Policy Director Khara Boender said, “It's foreseeable that this legislation may face legal opposition similar to challenges seen in other states.”

However, Florida Attorney General Ashley Moody (R) said, "You better believe I'm going to fight like hell to uphold this in court” during the news conference. DeSantis noted work done on the bill ensuring it's constitutional: "The way this bill is structured, it is not engaging in any regulation of speech. It is basically identifying functionality that is causing harms -- the addictive features." Renner also stressed the bill’s constitutionality. "You will not find a line in this bill that addresses good speech or bad speech, because that would violate the First Amendment,” the House speaker said. “What we have addressed is the addictive features that are at the heart of why children stay on these platforms for hours and hours on end."

It was critical for Florida's action, state leaders argued. With social media, said DeSantis, "you can have a kid in the house -- safe, seemingly -- and then you have predators that can get right in there, into your own home. You can be doing everything right, but they know how to ... manipulate these different platforms." Renner said, “None of us can afford to be on the sidelines when it comes to social media" or "hardcore pornography that our kids are being exposed to.” HB-3 Senate sponsor Erin Grall (R) said, “We have a mental health crisis in our country, and it's being perpetuated by this massive amount of screentime, social media and addictive behaviors." Florida must protect kids from “this digital fentanyl,” agreed House sponsor Tyler Sirois (R), noting the bill received bipartisan support in the legislature. “For our children, these companies are no town square. They are a dark alley.”

Expect an immediate legal challenge, said Clay Calvert, professor emeritus at the University of Florida and nonresident senior fellow at the American Enterprise Institute. The new law triggers constitutional issues, raises privacy concerns related to data collection and relies on vague claims of social media harm, he said: “What’s addictive? And is there really proof that something’s addictive?” While some argue social media has a negative impact on youth, he said, others say there are benefits like community building and self-expression.

Young people have a First Amendment right to “information and free expression,” said Electronic Frontier Foundation Civil Liberties Director David Greene in a statement Monday. “This includes access to social media, which makes up much of the internet today.” The EFF opposes online age verification mandates, said Greene: “Requiring individuals to share personally identifying information to visit websites threatens their privacy and anonymity."