Florida's social media law has been temporarily blocked by a federal judge
A federal judge has temporarily blocked Florida's new law that bans some children from using social media and requires parental consent for others, according to court documents. Judge Mark Walker ruled in favor of two tech organizations (NetChoice and the CCIA) representing social media organizations like Meta, Snap and X, saying that the state's bill HB3 signed into law in March this year is "likely unconstitutional."
The law requires parent or guardian consent for 14- and 15-year-olds to make an account or use a pre-existing account on a social media platform, while children under 14 are banned altogether. Platforms must abide by requests to delete these accounts within five business days and each violation could result in a $10,000 fine. That increases to $50,000 per instance if it is ruled that the company participated in a 'knowing or reckless' violation of the law.
"Floridians have the right to access lawful speech without the government controlling what they say, share or see online,' said NetChoice Director of Litigation, Chris Marchese.
The state of Florida tried to bypass normal first amendment free speech protections by employing the "narrowly tailored" rules, saying the law is designed to protect children from five addictive features of social media: push notifications, auto-play videos, live streaming, infinite scrolling and personal metrics. However, the judge ruled that the application is too broad in ways that have been shot down before by the Supreme Court.
"As applied to Plaintiffs' members alone, the law likely bans all youth under 14 from holding accounts on, at a minimum, four websites that provide forums for all manner of protected speech: Facebook, Instagram, YouTube, and Snapchat," Judge Walker wrote. "It also bans 14- and 15-year-olds from holding accounts on those four websites absent a parent's affirmative consent, a requirement that the Supreme Court has clearly explained the First Amendment does not countenance."
Children could also be banned from social media even if the platforms created youth accounts without any of the five addictive features — as long as they were available for adults. The judge also called out the law's specificities about the ability of a child to access a platform based on how much time all children spend on the app.
The ruling does leave one provision in place. Social media companies are still required to "terminate any account held by a youth under 16 in the state upon the request of a parent or guardian," as required by the bill.
Yahoo, the parent company of Engadget, is a member of NetChoice.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Hamilton Spectator
37 minutes ago
- Hamilton Spectator
What to know about the Supreme Court ruling 10 years ago that legalized same-sex marriage in the US
COLUMBUS, Ohio (AP) — A landmark U.S. Supreme Court ruling 10 years ago this month, on June 26, 2015, legalized same-sex marriage across the U.S. The Obergefell v. Hodges decision followed years of national wrangling over the issue, during which some states moved to protect domestic partnerships or civil unions for same-sex partners and others declared marriage could exist only between one man and one woman. In plaintiff James Obergefell's home state of Ohio, voters had overwhelmingly approved such an amendment in 2004 — effectively mirroring the federal Defense of Marriage Act, which denied federal recognition of same-sex couples. That laid the political groundwork for the legal challenge that bears his name. Here's what you need to know about the lawsuit, the people involved and the 2015 ruling's immediate and longer term effects: Who are James Obergefell and Rick Hodges? Obergefell and John Arthur, who brought the initial legal action, were long-time partners living in Cincinnati. They had been together for nearly two decades when Arthur was diagnosed with ALS, or amyotrophic lateral sclerosis, in 2011. Obergefell became Arthur's caregiver as the incurable condition ravaged his health over time. When in 2013 the Supreme Court struck down the federal Defense of Marriage Act, which had denied federal recognition of same-sex marriages, the pair acted quickly to get married. Their union was not allowed in Ohio, so they boarded a plane to Maryland and, because of Arthur's fragile health, married on the tarmac. It was when they learned their union would not be listed on Arthur's death certificate that the legal battle began. They went to court seeking recognition of their marriage on the document and their request was granted by a court. Ohio appealed and the case began its way up the ladder to the nation's high court. A Democrat, Obergefell made an unsuccessful run for the Ohio House in 2022. Rick Hodges, a Republican, was director of the Ohio Department of Health from August 2014 to 2017. The department handles death certificates in the state. Before being appointed by then-Gov. John Kasich, Hodges served five years in the Ohio House. Acquainted through the court case, he and Obergefell have become friends. What were the legal arguments? The lawsuit eventually titled Obergefell v. Hodges argued that marriage is guaranteed under the U.S. Constitution's Fourteenth Amendment, specifically the due process and equal protection clauses. The litigation consolidated several lawsuits brought by same-sex couples in Ohio, Kentucky, Michigan and Tennessee who had been denied marriage licenses or recognition for their out-of-state marriages and whose cases had resulted in conflicting opinions in federal circuit courts. In a 5-4 decision, the Supreme Court ruled the right to marry is fundamental, calling it 'inherent in the liberty of the person,' and therefore protected by the Constitution. The ruling effectively nullified state-level bans on same-sex marriages, as well as laws declining to recognize same-sex marriages performed in other jurisdictions. The custody, property, tax, insurance and business implications of of the decision have also had sweeping impacts on other areas of law. How did the country react to the decision? Same-sex marriages surged in the immediate wake of the Obergefell decision, as dating couples and those already living as domestic partners flocked to courthouses and those houses of worship that welcomed them to legalize their unions. Over the ensuing decade, the number of married same-sex couples has more than doubled to an estimated 823,000, according to June data compiled by the Williams Institute at the University of California Los Angeles School of Law. Not all Americans supported the change. Standing as a national symbol of opponents was Kim Davis, a then-clerk in Rowan County, Kentucky, who refused to issue marriage licenses on religious grounds. She was briefly jailed, touching off weeks of protests as gay marriage foes around the country praised her defiance. Davis, a Republican, lost her bid for reelection in 2018 . She was ordered to pay thousands in attorney fees incurred by a couple unable to get a license from her office. She has appealed in July 2024 in a challenge that seeks to overturn Obergefell. As he reflects of the decision's 10th anniversary, Obergefell has worried aloud about the state of LGBTQ+ rights in the country and the possibility that a case could reach the Supreme Court that might overturn the decision bearing his name. Eight states have introduced resolutions this year urging a reversal and the Southern Baptist Convention voted overwhelmingly at its meeting in Dallas earlier this month in favor of banning gay marriage and seeing the Obergefell decision overturned. Meanwhile, more than a dozen states have moved to strengthen legal protections for same-sex married couples in case Obergefell is ever overturned. In 2025, about 7 in 10 Americans — 68% — said marriages between same-sex couples should be recognized by the law as valid, up from 60% in May 2015. Error! Sorry, there was an error processing your request. There was a problem with the recaptcha. Please try again. You may unsubscribe at any time. By signing up, you agree to our terms of use and privacy policy . This site is protected by reCAPTCHA and the Google privacy policy and terms of service apply. Want more of the latest from us? Sign up for more at our newsletter page .
San Francisco Chronicle
an hour ago
- San Francisco Chronicle
What to know about the Supreme Court ruling 10 years ago that legalized same-sex marriage in the US
COLUMBUS, Ohio (AP) — A landmark U.S. Supreme Court ruling 10 years ago this month, on June 26, 2015, legalized same-sex marriage across the U.S. The Obergefell v. Hodges decision followed years of national wrangling over the issue, during which some states moved to protect domestic partnerships or civil unions for same-sex partners and others declared marriage could exist only between one man and one woman. In plaintiff James Obergefell's home state of Ohio, voters had overwhelmingly approved such an amendment in 2004 — effectively mirroring the federal Defense of Marriage Act, which denied federal recognition of same-sex couples. That laid the political groundwork for the legal challenge that bears his name. Here's what you need to know about the lawsuit, the people involved and the 2015 ruling's immediate and longer term effects: Who are James Obergefell and Rick Hodges? Obergefell and John Arthur, who brought the initial legal action, were long-time partners living in Cincinnati. They had been together for nearly two decades when Arthur was diagnosed with ALS, or amyotrophic lateral sclerosis, in 2011. Obergefell became Arthur's caregiver as the incurable condition ravaged his health over time. When in 2013 the Supreme Court struck down the federal Defense of Marriage Act, which had denied federal recognition of same-sex marriages, the pair acted quickly to get married. Their union was not allowed in Ohio, so they boarded a plane to Maryland and, because of Arthur's fragile health, married on the tarmac. It was when they learned their union would not be listed on Arthur's death certificate that the legal battle began. They went to court seeking recognition of their marriage on the document and their request was granted by a court. Ohio appealed and the case began its way up the ladder to the nation's high court. A Democrat, Obergefell made an unsuccessful run for the Ohio House in 2022. Rick Hodges, a Republican, was director of the Ohio Department of Health from August 2014 to 2017. The department handles death certificates in the state. Before being appointed by then-Gov. John Kasich, Hodges served five years in the Ohio House. Acquainted through the court case, he and Obergefell have become friends. What were the legal arguments? The lawsuit eventually titled Obergefell v. Hodges argued that marriage is guaranteed under the U.S. Constitution's Fourteenth Amendment, specifically the due process and equal protection clauses. The litigation consolidated several lawsuits brought by same-sex couples in Ohio, Kentucky, Michigan and Tennessee who had been denied marriage licenses or recognition for their out-of-state marriages and whose cases had resulted in conflicting opinions in federal circuit courts. In a 5-4 decision, the Supreme Court ruled the right to marry is fundamental, calling it 'inherent in the liberty of the person,' and therefore protected by the Constitution. The ruling effectively nullified state-level bans on same-sex marriages, as well as laws declining to recognize same-sex marriages performed in other jurisdictions. The custody, property, tax, insurance and business implications of of the decision have also had sweeping impacts on other areas of law. How did the country react to the decision? Same-sex marriages surged in the immediate wake of the Obergefell decision, as dating couples and those already living as domestic partners flocked to courthouses and those houses of worship that welcomed them to legalize their unions. Over the ensuing decade, the number of married same-sex couples has more than doubled to an estimated 823,000, according to June data compiled by the Williams Institute at the University of California Los Angeles School of Law. Not all Americans supported the change. Standing as a national symbol of opponents was Kim Davis, a then-clerk in Rowan County, Kentucky, who refused to issue marriage licenses on religious grounds. She was briefly jailed, touching off weeks of protests as gay marriage foes around the country praised her defiance. Davis, a Republican, lost her bid for reelection in 2018. She was ordered to pay thousands in attorney fees incurred by a couple unable to get a license from her office. She has appealed in July 2024 in a challenge that seeks to overturn Obergefell. As he reflects of the decision's 10th anniversary, Obergefell has worried aloud about the state of LGBTQ+ rights in the country and the possibility that a case could reach the Supreme Court that might overturn the decision bearing his name. Eight states have introduced resolutions this year urging a reversal and the Southern Baptist Convention voted overwhelmingly at its meeting in Dallas earlier this month in favor of banning gay marriage and seeing the Obergefell decision overturned. Meanwhile, more than a dozen states have moved to strengthen legal protections for same-sex married couples in case Obergefell is ever overturned. In 2025, about 7 in 10 Americans — 68% — said marriages between same-sex couples should be recognized by the law as valid, up from 60% in May 2015.
Associated Press
an hour ago
- Associated Press
What to know about the Supreme Court ruling 10 years ago that legalized same-sex marriage in the US
COLUMBUS, Ohio (AP) — A landmark U.S. Supreme Court ruling 10 years ago this month, on June 26, 2015, legalized same-sex marriage across the U.S. The Obergefell v. Hodges decision followed years of national wrangling over the issue, during which some states moved to protect domestic partnerships or civil unions for same-sex partners and others declared marriage could exist only between one man and one woman. In plaintiff James Obergefell's home state of Ohio, voters had overwhelmingly approved such an amendment in 2004 — effectively mirroring the federal Defense of Marriage Act, which denied federal recognition of same-sex couples. That laid the political groundwork for the legal challenge that bears his name. Here's what you need to know about the lawsuit, the people involved and the 2015 ruling's immediate and longer term effects: Who are James Obergefell and Rick Hodges? Obergefell and John Arthur, who brought the initial legal action, were long-time partners living in Cincinnati. They had been together for nearly two decades when Arthur was diagnosed with ALS, or amyotrophic lateral sclerosis, in 2011. Obergefell became Arthur's caregiver as the incurable condition ravaged his health over time. When in 2013 the Supreme Court struck down the federal Defense of Marriage Act, which had denied federal recognition of same-sex marriages, the pair acted quickly to get married. Their union was not allowed in Ohio, so they boarded a plane to Maryland and, because of Arthur's fragile health, married on the tarmac. It was when they learned their union would not be listed on Arthur's death certificate that the legal battle began. They went to court seeking recognition of their marriage on the document and their request was granted by a court. Ohio appealed and the case began its way up the ladder to the nation's high court. A Democrat, Obergefell made an unsuccessful run for the Ohio House in 2022. Rick Hodges, a Republican, was director of the Ohio Department of Health from August 2014 to 2017. The department handles death certificates in the state. Before being appointed by then-Gov. John Kasich, Hodges served five years in the Ohio House. Acquainted through the court case, he and Obergefell have become friends. What were the legal arguments?The lawsuit eventually titled Obergefell v. Hodges argued that marriage is guaranteed under the U.S. Constitution's Fourteenth Amendment, specifically the due process and equal protection clauses. The litigation consolidated several lawsuits brought by same-sex couples in Ohio, Kentucky, Michigan and Tennessee who had been denied marriage licenses or recognition for their out-of-state marriages and whose cases had resulted in conflicting opinions in federal circuit courts. In a 5-4 decision, the Supreme Court ruled the right to marry is fundamental, calling it 'inherent in the liberty of the person,' and therefore protected by the Constitution. The ruling effectively nullified state-level bans on same-sex marriages, as well as laws declining to recognize same-sex marriages performed in other jurisdictions. The custody, property, tax, insurance and business implications of of the decision have also had sweeping impacts on other areas of law. How did the country react to the decision? Same-sex marriages surged in the immediate wake of the Obergefell decision, as dating couples and those already living as domestic partners flocked to courthouses and those houses of worship that welcomed them to legalize their unions. Over the ensuing decade, the number of married same-sex couples has more than doubled to an estimated 823,000, according to June data compiled by the Williams Institute at the University of California Los Angeles School of Law. Not all Americans supported the change. Standing as a national symbol of opponents was Kim Davis, a then-clerk in Rowan County, Kentucky, who refused to issue marriage licenses on religious grounds. She was briefly jailed, touching off weeks of protests as gay marriage foes around the country praised her defiance. Davis, a Republican, lost her bid for reelection in 2018. She was ordered to pay thousands in attorney fees incurred by a couple unable to get a license from her office. She has appealed in July 2024 in a challenge that seeks to overturn Obergefell. As he reflects of the decision's 10th anniversary, Obergefell has worried aloud about the state of LGBTQ+ rights in the country and the possibility that a case could reach the Supreme Court that might overturn the decision bearing his name. Eight states have introduced resolutions this year urging a reversal and the Southern Baptist Convention voted overwhelmingly at its meeting in Dallas earlier this month in favor of banning gay marriage and seeing the Obergefell decision overturned. Meanwhile, more than a dozen states have moved to strengthen legal protections for same-sex married couples in case Obergefell is ever overturned. In 2025, about 7 in 10 Americans — 68% — said marriages between same-sex couples should be recognized by the law as valid, up from 60% in May 2015.
