Why State Social Media Laws Keep Getting Blocked
Utah, Arkansas, California, Texas—state after state has seen its social media regulation blocked by federal courts. What's going wrong?
Why State Social Media Laws Keep Getting Blocked
A pattern has emerged in social media regulation: states pass laws, NetChoice (a tech industry group) sues, and federal courts issue injunctions.
The First Amendment Problem
Courts have consistently found that many state social media laws likely violate the First Amendment in several ways:
Age Verification = Speech Burden: Requiring users to prove their age before accessing content affects everyone's speech, not just minors. Courts have held this is likely overbroad.
Compelled Speech: Requiring platforms to show content in certain ways (like chronological feeds) may constitute compelled speech.
Content Restrictions: Laws that target certain types of content face strict scrutiny and rarely survive.
The Narrow Path Forward
Not all provisions have been blocked. Courts have allowed some requirements to proceed:
- Transparency about content moderation practices
- Parental notification tools
- Data minimization requirements
- Some privacy protections
What Works?
The laws most likely to survive focus on:
- Product features rather than content (echoing MDL 3047's approach)
- Data practices rather than speech
- Process requirements rather than content mandates
Federal vs. State
This patchwork is why many advocates support federal legislation like KOSA. A single federal framework could:
- Preempt conflicting state laws
- Provide clearer compliance standards
- Survive legal challenge if carefully drafted
But federal action requires Congressional consensus—something that has proven elusive.