Florida wins key ruling allowing it to enforce a law that targets social media use by kids
The state of Florida won a key court decision Wednesday that allows it to enforce a ban on social media accounts for kids under 14 and other restrictions.
The law was one of the most restrictive in the U.S. on social media use by children when Gov. Ron DeSantis signed it in 2024.
The law implicates the First Amendment, an appeals court said, but “likely does so in a content-neutral manner.”
It would likely survive a full legal challenge “because it doesn’t burden substantially more speech than necessary to advance the important interest in protecting minors from social media addiction,” a panel from the 11th U.S. Circuit Court of Appeals said in a 3-0 opinion.
The law bans social media accounts for Florida children under 14 and requires parental consent for use by kids who are 14 or 15.
Industry trade groups the Computer & Communications Industry Association and NetChoice sued Florida, arguing that the law violated the free-speech rights of social media providers and users. A judge in 2025 said the law likely was unconstitutional and granted an injunction.
That injunction was put on hold while the appeals court heard the case. The lawsuit, with the injunction now overturned, will return to federal court in Tallahassee.
The appeals court noted that the law covers social media platforms "that have been determined to induce heavy use by children, and applies only to platforms that use both algorithms and one of several addictive features.”
An email seeking comment from the Florida attorney general's office was not immediately answered. NetChoice said it was disappointed with the decision.
“We are currently evaluating all of our options as we continue the fight to ensure Floridians’ rights to free expression online are protected, and parents remain in the driver’s seat when it comes to making decisions for their families," said Paul Taske, a lawyer at NetChoice.
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