Federal Judge Blocks Utah Law Regulating Social Media Use for Minors

Gov. Spencer Cox (R-Utah) speaks with reporters in Salt Lake City on Aug. 10, 2023. Madalina Vasiliu/The Epoch Times

A federal judge on Sept. 10 blocked a Utah law that curtails minors’ use of social media, finding that the internet trade association that is suing over the statute is likely to prevail.

NetChoice, whose members include Google and X, stated that the law violates the companies’ First Amendment rights. U.S. District Judge Robert J. Shelby agreed, at least for now.

The law, originally set to take effect on Oct. 1, requires social media companies to verify the age of their users and to curtail the use of their platforms by minors.

The judge entered a preliminary injunction that prohibits officials from enforcing the law while the case proceeds. The injunction could later be dissolved or turned permanent.

Shelby said in a 39-page decision that because the law imposes restrictions on the speech of social media companies, Utah officials must show that the law is narrowly tailored to serve compelling state interests under court precedent.

“The court recognizes the state’s earnest desire to protect young people from the novel challenges associated with social media use,” he said. “But owing to the First Amendment’s paramount place in our democratic system, even well-intentioned legislation that regulates speech based on content must satisfy a tremendously high level of constitutional scrutiny. And on the record before the court, defendants have yet to show the act does.”

Judges have previously blocked similar laws in other states, including California.

“We’re disappointed in the district court’s decision preliminarily enjoining Utah’s Minor Protection in Social Media Act. The AG’s office is analyzing the ruling to determine next steps. We remain committed to protecting Utah’s youth from social media’s harmful effects,” Utah Attorney General Sean D. Reyes told The Epoch Times in an emailed statement.

Chris Marchese, director of the NetChoice Litigation Center, said in a statement, “Utah’s law not only violates the First Amendment, but if enforced would backfire and endanger the very people it’s meant to help. We look forward to seeing this law, and others like it, permanently struck down and online speech and privacy fully protected across the country.”

In court filings, Reyes said the law does not violate the First Amendment because it is a reasonable regulation that is tailored to compelling interests, including protecting the well-being of minors.

Shelby, in another recent ruling in the case, granted a motion from defendants to dismiss NetChoice’s claim that federal law supersedes provisions of the state act, including a ban on autoplay of media without any user action.

“In sum,” Shelby wrote, “the court determines Section 230 does not preempt the provisions of the Act prohibiting the use of autoplay, seamless pagination, and notifications on minors’ accounts because they do not impose liability on NetChoice members as the publisher or speaker of third-party content.”