Tech Industry Blasts 'Blatantly Unconstitutional' Arkansas Social Media Law

An Arkansas law that would prohibit social media platforms from using algorithms that could "cause" a user to commit suicide, buy drugs, develop an eating disorder, or become addicted to social media is "blatantly unconstitutional," the tech group NetChoice says in new court papers.

"By banning speech based on what impact it ultimately has on a user of the online service, the law sweeps in all manner of constitutionally protected expression," the group argues in papers filed late last week with U.S. District Court Judge Timothy Brooks in Fayetteville.

"Google could be liable for disseminating clips of 'Pineapple Express' on YouTube, Meta could be liable for recommending motivational exercise videos on Instagram, and Nextdoor could be liable for publishing advertisements for allergy medication," NetChoice adds.

The organization -- which counts Google, Meta, Snap and other large tech companies as members -- is asking Brooks to block enforcement of the law, which is set to take effect next month.

Earlier this year, Brooks permanently blocked an Arkansas law that would have required social platforms to verify users' ages, and prohibited teens under 18 from having social media accounts without parental permission, ruling that the law violates the First Amendment. The state attorney general has appealed that decision.

Almost immediately after Brooks blocked the parental-consent law, Arkansas lawmakers passed a new law that restricts social media platform.