Federal judge: A social media ban for kids under 14 is unconstitutional

A federal judge blocked Florida officials from enforcing a law that would bar social media for kids under the age of 14.

In the ruling, U.S. District Judge Mark Walker wrote that "Florida’s challenged law is likely unconstitutional" but added the court "does not doubt that parents and legislators in the state have sincere concerns about the effects that social media use may have on youth."

Florida Gov. Ron DeSantis signed the bill in March of 2024 that would bar kids under 14 years old from social media and require parental permission for those who are 14 or 15. Facebook, Instagram, and Snapchat already require users to be at least 13 years old, while TikTok has a curated, watch-only version for kids under 13. It's worth noting these restrictions are in-line with an existing federal law that restricts data collection on users under the age of 13.

In the judge's order granting the preliminary injunction, he wrote the law "directly burdens those youths’ rights to engage in and access speech." Internet trade group NetChoice challenged the law over free speech concerns as well as the burden and risk of requiring mass identity verification.

Florida Attorney General James Uthmeier defended the state law and said the state intended to appeal the decision. Lawmakers felt the law could help curb the potential harm from young people using social media.

"These platforms do not have a constitutional right to addict kids to their products,” Uthmeier’s press secretary Jae Williams said in a statement, via the Associated Press. “We disagree with the court’s order and will immediately seek relief in the 11th Circuit Court of Appeals.”

So it seems despite the judge's decision, this saga is far from over.