Federal judge rules social media age-verification law unconstitutional

Arkansas Gov. Sarah Huckabee Sanders introduced legislation on social media protections after a federal judge blocked an age-verification law as unconstitutional.

U.S. District Judge Timothy L. Brooks in the Western District of Arkansas said that enacting the Social Media Safety Act, also known as Act 689, would violate the First Amendment “because it is a facially content-based restriction on speech that is not narrowly tailored to serve a compelling government interest.”

The judge blocked the law, ruling that it “would also violate the due process rights of Plaintiffs’ members because it is unconstitutionally vague in violation of the Fourteenth Amendment.”

“Act 689 forecloses access to social media for those minors whose parents do not consent to the minor’s use of social media,” Brooks said. “It also burdens social media access for all Arkansans—both adults and minors, whose parents would allow them to use social media.”

Sanders signed the Social Media Safety Act into law in 2023 and announced two pieces of legislation on Wednesday that she called for during her 2025 State of the State address.

Senate Bill 611 and Senate Bill 612 would expand safety protections for children following the order by Brooks and the governor said in a press release that Arkansas “has led the nation on commonsense, conservative reforms to protect kids online, and these additional protections continue that effort.”

“Moms and dads whose kids have fallen victim to Big Tech deserve the right to take action against these abusive companies – and Arkansas law should protect kids so they aren’t subjected to toxic material in the first place,” Sanders said.

According to the press release:

This legislation establishes a private right of action for parents whose child commits suicide or attempts suicide because of his or her exposure to toxic material on socialmedia, allowing them to sue abusive Big Tech companies in state court.

Additionally, this legislation amends the Social Media Safety Act of 2023. It clarifies the definition of “social media” to expand protections to additional platforms, lowers the age of minor users to 16, prohibits social media algorithms from targeting minors, and adds a penalty for companies that do not comply. These new regulations will only apply to new account holders.

“These commonsense reforms will ensure our children are protected on the internet and will help Arkansas stand up to abusive Big Tech companies,” Senator Tyler Dees, who sponsored the bills, said in a statement.

“We’ve all seen how Big Tech companies take advantage of our most vulnerable kids. It’s time for states to stand up and fight back,” fellow Republican Representative Jon Eubanks, co-sponsor of the bills, said. “This legislation keeps our children safe online and puts their safety where it should be – in the hands of parents.”

Senior Staff Writer
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Originally from New York, Powers graduated from New York University and eventually made her way to sunny South Florida where she has been writing for the BizPacReview team since 2015.

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