Two tech trade groups have launched a federal lawsuit, challenging a Florida law that bans social media accounts for kids under 14, claiming it breaches the First Amendment.
The Computer & Communications Industry Association (CCIA) and NetChoice are taking legal action against Ashley Moody, Florida’s attorney general.
Earlier this year, Republican Governor Ron DeSantis enacted this law preventing children 13 and younger from creating or keeping social media profiles. However, exceptions are made for 14- and 15-year-olds with parental permission.
The 48-page lawsuit asserts the law infringes on children’s First Amendment rights, arguing that Florida House Bill 3 is the “latest attempt” of the government to “restrict new forms of constitutionally protected expression based on concerns about their potential effects on minors.”
While the lawsuit acknowledges that government involvement in social media discussions is valid, “First Amendment does not take kindly to government effort to resolve them.”
The suit notes that the Constitution leaves the choice “where it belongs, with their parents.”
CCIA, representing firms like Google and Meta, seeks to halt the law set to begin January 1. They argue it unfairly targets websites popular among younger audiences, penalizing both users and these platforms contrary to the First Amendment.
Existing protections, such as parental controls on devices and internet restrictions already safeguard minors, they argue. Facebook, Instagram, and YouTube offer similar functions for age-appropriate content.
Moody is being sued for her enforcement role, though DeSantis isn’t named in the Northern District of Florida court filing.
Moody’s office stated, “We are reviewing the lawsuit; however, as a mother, Attorney General Moody will fight aggressively in court to ensure the ability to protect Florida children.”
The law had bipartisan legislative support, passing with significant margins – 30-5 in the Senate and 109-4 in the House – after DeSantis rejected an initial version over privacy issues.
