Federal Judge Strikes Down Arkansas’ Social Media Age Verification Law as Unconstitutional

A federal judge has ruled that an Arkansas law requiring social media companies to verify users’ ages is unconstitutional. This decision marks a significant victory for social media companies and digital rights groups that have opposed such laws. The ruling highlights concerns over the law’s impact on free speech and privacy, reinforcing the ongoing debate about online regulations for minors.

Arkansas’ Social Media Age Verification Law Faces Legal Challenges and Opposition

Arkansas was the second state, after Utah, to enact an age verification law for social media in 2023. The law, known as the Social Media Safety Act, required companies to verify the ages of users under 18 and obtain parental consent.

The law faced opposition from NetChoice, a lobbying group representing major tech companies like Meta, Snap, X, Reddit, and YouTube. NetChoice has also challenged similar laws in Utah, Texas, and California, arguing that they restrict free speech and create burdensome requirements for internet users.

Judge Timothy Brooks struck down Act 689, stating that it was overly broad and imposed unconstitutional restrictions on speech. He criticized the law for failing to directly address the harms it aimed to prevent, arguing that it restricted both minors’ and adults’ speech.

Brooks also noted the law’s vague language, which created inconsistencies in its application, particularly regarding platforms with messaging functions like Snapchat. The ruling emphasized that laws regulating online content must be narrowly tailored to comply with First Amendment protections.

NetChoice Applauds Ruling as States Continue Pushing Age Verification Laws Nationwide

Following the ruling, NetChoice praised the decision, stating that it upholds Americans’ right to access constitutionally protected speech without unnecessary government interference. Chris Marchese of NetChoice argued that requiring individuals to submit identification or biometric data to access online content was an unreasonable restriction. Meanwhile, Arkansas Attorney General Tim Griffin acknowledged the ruling and stated that state officials were evaluating their options, leaving the possibility of an appeal open.

Despite this legal setback, age verification laws remain a growing trend in the U.S. Other states, such as Utah, have passed similar requirements, and a Texas law mandating age verification for adult content websites is currently being reviewed by the Supreme Court. The debate over these laws underscores the challenge of balancing child protection with digital rights and free speech, making it likely that similar legal battles will continue in the future.