Arkansas governor touts new social media age verification plan

Last week, Arkansas Gov. Sarah Huckabee Sanders announced a bill that amends the state’s Social Media Safety Act, which a federal judge axed two days earlier. The new bill clarifies the law’s definition of “social media” and bars platforms from using algorithms to target minors. With the proposed amendments, the law would consider “minors” to be users under 16 years old. “Arkansas law should protect kids so they aren’t subjected to toxic material,” Sanders said in a news release.

U.S. District Judge Timothy Brooks struck down an earlier version of the Social Media Safety Act last week. Brooks said the law’s online age verification requirement was unconstitutional, citing free speech concerns and threats to user privacy.

The Big Tech trade association NetChoice sued Arkansas after the state enacted the Social Media Safety Act in 2023. The state law required certain social media platforms to contract with a third party to certify the ages of all new users. Users under the age of 18 would have to prove that they have parental consent before activating an account. Lawmakers passed the measure to protect young children from potential harms posed by social media use.

But the state never enforced the law. Before the measure went into effect, Brooks temporarily paused it during NetChoice’s lawsuit. Last week’s ruling made that temporary pause permanent.

In 2023, the Arkansas Center for Health Improvement reported that high social media use by adolescents correlated with a decrease in overall life satisfaction and showed neural pathways similar to addiction. Among children ages 8-12, the report found that 40% use social media, and about two-thirds of minors said they were exposed to hate-based content on social media. About 60% of young girls reported unsolicited contact from a stranger online that made them feel uncomfortable.

NetChoice argued that requiring users to share sensitive identifying information with a third party in order to use digital platforms undermined the First Amendment. Hinging access to social media on handing over sensitive information will have harmful effects on free speech, while also risking users’ personal and online security, NetChoice argued.

Brooks agreed with the organization’s argument in his 42-page order. He acknowledged the validity of Arkansas’ argument that free social media access harmed minors but said he doubted the law’s effectiveness in combating the issue. The law is vague and imposes maximum burden on users of all ages without clearly defining which digital entities it applies to, he wrote.

The district judge ultimately ruled that the law restricted online speech without proof that such a measure would address the state’s concerns about minors using social media. “Arkansas takes a hatchet to adults’ and minors’ protected speech alike though the Constitution demands it use a scalpel,” he wrote.

Marc Berkman, co-founder and CEO of the Organization for Social Media Safety, acknowledged the necessity of free speech but emphasized the pressing need to protect children online. “People are still not fully understanding how much harm has been created through social media use,” he told WORLD. “I do think ensuring that children [are] of an appropriate age is a narrowly tailored solution that serves a compelling government interest,” he said.

Berkman agreed with Brooks that the law needs to clarify which platforms it would cover. “The bill is saying that social media platforms are harmful, which we know by the clear evidence they are,” Berkman said. “It should cover every social media platform, and it should not exempt certain platforms.”

Chris Marchese, director at NetChoice’s Litigation Center, praised the ruling in a news release the next day. All Americans are now protected from being forced to hand over government identification or biometric data just to engage in free speech online, he said. Marchese reiterated that parents, not politicians, should decide how children engage with social media. NetChoice also remained open to working with lawmakers to pass future legislation protecting children online without violating constitutional rights, he added.

NetChoice members include Amazon, Google, and YouTube, along with parent companies for Instagram, Facebook, and Snapchat. The association’s mission statement says the group aims to make the internet a safe place for free enterprise and expression.

It has successfully fought a number of states that enacted laws to protect young children on social media, including California, Mississippi, and Utah. The group is also currently fighting a Florida law protecting children under the age of 14 from creating social media accounts.

Arkansas Attorney General Tim Griffin told WORLD in a statement that he respected the court’s decision but was evaluating the state’s options.