In a big courtroom victory for Gov. Ron DeSantis, a federal Judge in Tallahassee on Friday denied a request to block Florida’s ban on social media for young teens.
U.S. District Judge Mark Walker rejected a request by a consortium of technology companies for a preliminary injunction that would have at least further temporarily blocked the state’s ban from taking effect.
In his 13-page ruling, Walker said the groups representing trade associations failed to prove which social media platforms — such as TikTok, YouTube, Instagram, Snapchat, Facebook, X and others — would be affected under Florida’s ban.
“Plaintiffs have not provided evidence showing that at least one of their members meets the injury-in-fact requirement,” the Judge wrote.
The technology companies had argued in court that at least one of the social media platforms would likely be covered by Florida’s law and would have to spend money and resources to comply with it. Walker said that wasn’t enough of a convincing argument.
The law applies narrowly only to social media platforms with addictive features, like push notifications, with 10% or more of daily active users who are younger than 16 and who spend on average two hours or more on the app. If all those conditions aren’t met, the law doesn’t apply to the platform.
The social media law, which was supposed to take effect Jan. 1, would block anyone under 16 from using some social media but would allow 14- and 15-year-olds to use the online services with a parent’s permission. Companies that violate the law could be fined up to $50,000 per violation.
The Attorney General’s Office had agreed not to enforce the new law until Walker ruled on the request for the preliminary injunction. It wasn’t immediately clear when the DeSantis administration would begin enforcing the bans. The Governor had championed passage of the law through the Legislature last year.
The broader fight by the technology companies against the law continues in federal court in Tallahassee. Walker’s decision Friday was an interim ruling that focused narrowly on whether he would issue a preliminary injunction in the case.
“I am grateful that the courts have once again ruled in favor of Florida, and I am grateful also for the lives and the influence that social media will now not have on our children, said Rep. Toby Overdorf, a Palm City Republican, one of the sponsors of the law. “I’m excited that Florida is entering a new chapter and being able to have freedom for our kids.”
During courtroom arguments Feb. 28 over the injunction, Walker — who was appointed by then-President Barack Obama in 2012 — had signaled Florida would have a “hard hoe to row” to prove that the ban doesn’t infringe on the rights of young teens in Florida.
“I just think that there’s clear precedent across the country why these social media bans are against the First Amendment, and I have no doubt that the final outcome will reflect that,” said Rep. Anna Eskamani, an Orlando Democrat. “There’s going to be a lot of confusion and chaos for all our families. It’s really important that everyone stays informed, understands what their options are, and do what they can to follow the law.”
The law would also require adults in Florida who use social media accounts to prove their age using third-party verification systems. There are few generally agreed-upon methods for age verification on the internet.
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This story was produced by Fresh Take Florida, a news service of the University of Florida College of Journalism and Communications. The reporter can be reached at [email protected]. You can donate to support our students here.
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