Arkansas Social Media Parental Consent Law Is Blocked at the Last Minute

A child psychologist said that children under the age of 12 should be banned from using social media. Alain Jocard/AFP/Getty Images

Just before it was to go into effect, a federal judge temporarily blocked Arkansas legislation that required parental consent for children to open new social media accounts.

District Judge Timothy L. Brooks of the Western District of Arkansas granted a preliminary injunction (pdf) on Aug. 31, in response to a motion by Netchoice, a trade group for social media giants, including Meta, TikTok, and X.

The Arkansas social media age verification law was blocked just hours before it was set to go into effect on Sept. 1.

The state of Arkansas passed the first such legislation (pdf) in the nation, that required age verification from users to create new social media accounts.

Any user under 18, would require permission from a parent or guardian for a new account, potentially setting a legal precedent for the First Amendment rights of minors.

Social Media Wins an Injunction to Halt Consent Law

NetChoice called for a temporary injunction earlier this month after it sued the state to prevent its enforcement.

So far, there is no news on when the trial will be held.

Judge Brooks stated in his opinion that the law was a burden on the free speech of minors and adults since it was “not targeted to address the harms it has identified.”

The big tech trade group said the act was written so vaguely that its members could suffer irreparable legal harm if it were to go into effect.

“We’re pleased the court sided with the First Amendment and stopped Arkansas’ unconstitutional law from censoring free speech online and undermining the privacy of Arkansans, their families and their businesses as our case proceeds,” said Chris Marchese, Director of the NetChoice Litigation Center, in a press statement.

“We look forward to seeing the law struck down permanently.”

Civil liberties groups and pro-Silicon Valley advocates said the law raises privacy, free speech, and enforceability concerns, and singled out the major social media companies.

“Legal precedent is clear: While parents have authority over their own children, it is not the government’s role to dictate what parents should desire for their families,” Holly Dickson, Executive Director of Arkansas’ ACLU chapter wrote in a statement.

“Social media platforms are vital channels for the receipt and dissemination of information and individual expression,” she said.

Parent Advocates Push for Age Restrictions on Content

Supporters of the social media law said it would help parents protect their children from online sexual predators and from the potentially harmful effects of sensitive content.

Arkansas state Sen. Tyler Dees, the lead author of the bill, told Axios: “I’m confident we'll be able to defend this court,” adding that, “our kids and their protection are worth fighting for this.”

“I am disappointed in the ruling, but I will continue to vigorously defend the law and protect our children, an important interest recognized in the federal judge’s order today,” Attorney General Tim Griffin told Axios.

The state legislature passed a similar law (pdf) requiring websites with adult content to verify a user’s age before allowing them to view the platforms, which went into effect on Aug. 1.

The Protection of Minors from Distribution of Harmful Material Act, requires either a website or a third-party vendor with sexually explicit content, to verify a user is 18 or older, with a digital image of their license or identification card when they try to access the sites.

Any website or vendor that failed to comply would be held liable if a minor accessed their content and the ability to keep user data after access is granted is prohibited.

Pornhub, the largest online porn provider, retaliated by blocking access in Arkansas, after it did the same to Utah, Mississippi, and Virginia after similar laws went into effect.

Meanwhile, online searches for virtual private network services surged in Arkansas prior to the enforcement of new laws on online porn, reported Axios.

“I am disappointed in the ruling, but I will continue to vigorously defend the law and protect our children, an important interest recognized in the federal judge’s order yesterday,” Arkansas Attorney General Tim Griffin told The Epoch Times.

Other States Push Laws Banning Minors From New Accounts

Four other states passed similar laws over the last twelve months, which also required social media companies verify a new user’s age, but their laws will not go into effect before the Arkansas legislation.

Utah became the first state to require parental consent to open a social media account, after the law was passed in March, but is not slated to go into effect until exactly a year later.

The laws in California and Texas, which had bipartisan support, will also require verification for new users 18 or older, but Louisiana’s law will require minors to be at least 16 to create their accounts.

Earlier this month, Georgia Republicans announced proposed legislation for a new parental social media consent law during the state’s 2024 legislative session, reported The Hill.

“Social media touches every part of our daily lives, and while it certainly has its benefits, the potential negative impacts it has on our children cannot be dismissed,” said Georgia Lt. Gov. Burt Jones in a statement.

He said that the legislation “will be a critical step toward age verification, removing addictive content, and cracking down on cyberbullying in the social media landscape.”