A U.S. appeals court has allowed Florida to enforce a law prohibiting children under 14 from having social media accounts while it resolves a lawsuit from the tech industry arguing the law violates constitutional free speech rights.
The 11th Circuit Court of Appeals, by a two-to-one vote, overturned a temporary block on the HB3 law that a judge had ordered in June. Consequently, the Florida government announced it will begin implementing the prohibition, which will require users to verify their age through identification.
«HB3 is now the law of the state and will be enforced,» the statement read.
The law, passed with bipartisan support in 2024, blocks access to social media for children 13 and younger and allows teens aged 14 and 15 to access only with parental or guardian consent.
In response, the Computing and Communications Industry Association (CCIA) and the NetChoice coalition sued Florida in October 2024, arguing the law is incompatible with the First Amendment of the Constitution, which protects freedom of expression.
Lawyers for NetChoice, which considers the law a «censorship law,» warned in a press release they would persist in their lawsuit until a court rules definitively that it is «unconstitutional.»
«We are putting all big tech companies on notice: endanger our kids and find out what happens!» Florida Attorney General James Uthmeier posted on social media following the ruling.
«Florida's censorship regime not only violates its citizens' free speech rights but also makes all users less safe,» stated Paul Taske, NetChoice's litigation co-director.
Under the rule, users will have to prove their age through facial scanning or an ID to access adult websites.
Additionally, the law forces tech companies to remove the accounts of users under 14 on these platforms, under penalty of fines.
«In Florida, we put our kids first, and my office will aggressively enforce this law to ensure that 'Big Tech' stops exploiting and harming children for profit,» Uthmeier insisted.
