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Utah Judge Blocks Social Media Access Law As Unconstitutional

Utah Gov. Spencer Cox speaks during a news briefing during the final day of the Utah Legislature, March 1, 2024, in Salt Lake City. (AP Photo/Rick Bowmer, File)

A federal judge in Utah has issued a preliminary injunction against a social media access law that aimed to protect children's privacy and limit their use of social media platforms. The law, known as the Utah Minor Protection in Social Media Act, required social media companies to verify users' ages, apply privacy settings, and restrict certain features on accounts. The law was set to take effect on October 1 but has been temporarily blocked pending further legal proceedings.

The injunction was granted in response to a case filed by NetChoice, a nonprofit trade association representing internet companies like Google, Meta (Facebook and Instagram's parent company), Snap, and X. The judge ruled that the law was unconstitutional, stating that the state had not demonstrated a compelling interest that justified infringing on the First Amendment rights of social media companies.

Utah lawmakers passed the 2024 act to replace previous laws from 2023 that were also challenged as unconstitutional. Despite the state's belief that the new law would withstand legal scrutiny, the court disagreed. Governor Spencer Cox expressed disappointment with the court's decision but emphasized the importance of protecting children from the potential harms of social media.

Under the blocked law, default settings for minor accounts would have restricted access to certain features and limited the collection of account information by social media companies. Another law, set to take effect on October 1, would allow parents to sue social media companies if their child's mental health deteriorates due to excessive use of algorithmically curated apps.

NetChoice, which has obtained injunctions against similar laws in other states, argues that the Utah law would require residents to provide more personal information to verify their age, potentially increasing the risk of data breaches. The organization hopes that policymakers will focus on developing constitutional solutions for regulating social media use among children in the digital age.

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