A significant judicial block on a new Utah law brings contentious debates on social media usage by minors back to the forefront.
The Associated Press reported that the contested law, which was blocked by U.S. District Judge Robert J. Shelby on September 10, was initially set to take effect on October 1. It required social media companies to verify the ages of users and restrict minor's access to their platforms.
NetChoice, a trade association with members including Google and X, filed a lawsuit challenging the law.
Judge Shelby's preliminary injunction against the Utah law prevents its implementation while the legal challenge is ongoing. He indicated a substantial likelihood that NetChoice would succeed on the merits of the case.
Shelby noted in his decision that the law imposes significant restrictions on speech by requiring social media platforms to engage in age verification and access limitation for minors, which necessitates rigorous constitutional scrutiny.
The Utah Attorney General's Office, led by Sean D. Reyes, expressed disappointment with the ruling. Reyes defended the law as a necessary measure to safeguard minors from the potential harms of social media. However, the court found that the defendants had yet to demonstrate the law's compliance with the high constitutional standards required for regulating speech based on content.
“The court recognizes the state’s earnest desire to protect young people from the novel challenges associated with social media use,” Judge Shelby stated. He added, “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.”
Shelby's ruling emphasized that while the state's motives in protecting children were clear, the methods used raised significant free speech concerns.
This case in Utah is not isolated. Similar laws aimed at regulating minors' access to social media have been introduced and contested in other states, including California, where such regulations were also blocked.
Chris Marchese, the director of the NetChoice Litigation Center, argued that the law, rather than protecting minors, would likely endanger them by undermining their privacy and freedom of speech.
“Utah’s law not only violates the First Amendment but if enforced would backfire and endanger the very people it’s meant to help,” Marchese stated.
The ongoing legal battle in Utah reflects a broader national debate on the balance between protecting minors online and upholding free speech rights. Marchese expressed hopes that this and similar laws would be permanently overturned to protect online speech and privacy comprehensively across the country.
The preliminary injunction will remain in effect until the court makes a further decision, which could either dissolve it or make it permanent.
The Utah Attorney General’s Office is currently analyzing the ruling to determine possible next steps in their effort to regulate minor's social media usage.
“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,” Reyes told The Epoch Times.
The outcome of this legal dispute will likely have significant implications for how social media is regulated not only in Utah but across the United States, as policymakers and legal experts watch closely.
