Arkansas officials will ask a federal appellate court to reinstate a law that would require social platforms to verify users' ages, and prohibit teens under 18 from having social media accounts without parental permission.
The law was permanently blocked last month by U.S. District Court Judge Timothy Brooks in Fayetteville, who ruled that the statute unconstitutionally restricts lawful speech.
“The court does not doubt the reality, well supported by the record, that unfettered social media access can and does harm minors,” Brooks wrote. “The state does not, however, have 'a free-floating power to restrict the ideas to which children may be exposed,'” he added, quoting from a 2011 Supreme Court ruling that struck down a California law restricting the sale of violent video games to minors.
Late last week, Arkansas officials initiated an appeal to the 8th Circuit Court of Appeals. State officials have not yet made substantive arguments to that court.