From Judge Timothy Brooks' opinion yesterday in Netchoice, LLC v. Griffin (W.D. Ark.):
This case presents a constitutional challenge to Arkansas Act 689 of 2023, the "Social Media Safety Act" …, a new law that aims to protect minors from harms associated with the use of social media platforms. Act 689 … requires social media companies to verify the age of all account holders who reside in Arkansas. Self-reporting one's age (a common industry practice) is not sufficient; Arkansans must submit age-verifying documentation before accessing a social media platform.
Under Act 689, a "social media company," as defined in the Act, must outsource the age-verification process to a third-party vendor. A prospective user of social media must first prove their age by uploading a specified form of identification, such as a driver's license, to the third-party vendor's website. A verified adult may obtain a social media account. Minors, however, will be denied an account and prohibited from accessing social media platforms, unless a parent provides express consent—which will require more proof to confirm the parent's age, identity, and relationship to the minor….
The court held that the law likely violated the First Amendment:
