Florida cleared to enforce child social media restrictions after appeals court ruling

In a major legal victory for Gov. Ron DeSantis’ administration, a divided federal court has ruled that Florida can now enforce its sweeping 2024 restrictions on children’s access to social media.

The 11th Circuit Court of Appeals issued an order allowing enforcement to move forward while litigation continues. The ruling reverses a June decision by a federal district Judge who blocked implementation, finding the law likely violated constitutional protections.

Two of the three appellate Judges disagreed with that assessment, determining it is unlikely the measure unlawfully restricts First Amendment rights and that the lower court misapplied legal standards.

The ruling means Florida can begin enforcing prohibitions that bar children younger than 14 from opening accounts on many major platforms and require parental consent for users aged 14 and 15.

DeSantis celebrated the ruling, first flagged by POLITICO, in an X post Tuesday evening.

“Another win on appeal, this time upholding Florida’s protections for kids against predatory social media companies,” he wrote. “We put parents and kids first!”

Attorney General James Uthmeier has argued the law is needed to shield young people from what officials describe as addictive design features and harmful content. DeSantis also praised the outcome, calling it another significant step toward tightening online protections for minors.

Trade associations representing major technology companies have fought the law in court since shortly after DeSantis signed the measure (HB 3) in late March 2024.

The plaintiffs in the lawsuit, filed in late October 2024, include NetChoice and other industry groups whose members include Meta, Alphabet and Snapchat, among others. They contend the restrictions would remove large numbers of young people from widely used digital spaces and suppress lawful expression that the Constitution protects.

NetChoice leaders expressed concern about what they characterized as an identification-based requirement to engage online and signaled the group is weighing its next legal steps while continuing to challenge the statute on constitutional grounds.

Litigation is ongoing. The appeals court ruling only addressed whether the law may take effect while the case continues.

The appellate panel’s majority, composed of Elizabeth Branch and Barbara Lagoa, both appointed by President Donald Trump, emphasized that the law targets specific features Florida officials describe as manipulative rather than banning all access to online services. They found the statute likely qualifies as content-neutral, allowing a more lenient legal review standard.

Judge Robin Rosenbaum, appointed by ex-President Barack Obama, warned in her dissention that activating the law while litigation proceeds risks broad suppression of speech.

HB 3 passed with strong support in both chambers, with “no” votes coming from just five Senate Democrats. The final version was narrower than an earlier proposal DeSantis vetoed that would have barred anyone under 16 from using social networks outright.

The enacted measure — which also includes an age verification requirement for pornography websites that prompted Pornhub to shut down Florida access in January — outlines penalties for companies that fail to comply and allows civil action by parents. If a platform knowingly violates the law, parents can bring legal claims against the company and win up to $10,000 in damages, plus court costs.

Florida’s implementation could influence similar proposals in other states, with legislatures across the country exploring rules around youth social media access.

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Jacob Ogles contributed to this report.