Florida’s Teen Social Media Ban Gets Blocked Temporarily (2)

A Florida law that restricted teenagers from creating certain social media accounts was preliminarily enjoined by a federal district court, which ruled Tuesday that the statute was likely unconstitutional.

It’s the latest defeat for a state social media ban or restriction, an outcome that has happened more than once in federal courts after constitutional challenges by tech groups like NetChoice.

However, social media companies covered by the law will still have to delete “any account held by a youth under 16 in the state upon the request of a parent or guardian,” Judge Mark E. Walker, of the US District Court for the Northern District of Florida, said.

Because of, among other things, the allegedly addictive nature of the social media platforms provided a content-neutral justification for the law, Walker evaluated the law for First Amendment violations using intermediate scrutiny.

But even assuming Florida has an interest in regulating the platforms, “the law’s restrictions are an extraordinarily blunt instrument for furthering it,” Walker said.

The law, if allowed to go into effect, would have ban minors 13 years old and younger from Facebook, Instagram, YouTube, and Snapchat, and required 14 and 15 year olds to get affirmative parental consent before creating an account.

“The First Amendment recognizes the rights of youth to learn, to refuse to salute the flag, to protest war, to view films, to play video games, to attend political rallies or religious services even without the authorization of their parents,” the court said.

Florida is enjoined from enforcing parts of the law, including provisions that restricted covered platforms from entering into contracts with those under 16.

“We look forward to seeing this statute permanently blocked as a violation of Floridians’ constitutional right to engage in lawful speech online,” said the president of the plaintiff Computer & Communications Industry Association in a statement. NetChoice, also a plaintiff, also applauded the ruling on its website.

“These platforms do not have a constitutional right to addict kids to their products,” Jeremy T. Redfern, of Florida Attorney General James Uthmeier’s (R) office, said in a statement. “We disagree with the court’s order and will immediately seek relief in the 11th Circuit Court of Appeals.”

Stearns Weaver Miller and Clement & Murphy represented the tech group plaintiffs.

The case is Computer & Commc’ns Indus. Ass’n v. Uthmeier, N.D. Fla., No. 4:24-cv-00438, 6/3/25.