Judge denies state’s motion to dismiss lawsuit over social media ban for minors

U.S. District Judge Mark Walker has denied Attorney General James Uthmeier’s motion^[1] to dismiss a federal lawsuit^[2] filed against the state over a law meant to protect minors from social media.

“This Court concludes that Plaintiffs’ have the better of the argument as to each ground for dismissal that Defendant asserts,” Walker wrote in his ruling^[3].

The Computer & Communications Industry Association^[4] sued Florida in 2024 to challenge HB 3^[5], which went into effect this year as one of the strictest social media bans in the country. The new law prohibits children under 14 from having social media accounts and requires parental permission for 14- and 15-year-olds. 

CCIA, with its co-Plaintiff NetChoice, argued the law violates the First Amendment and other federal laws by blocking and restricting minors — and likely adults as well — from using certain websites to view lawful content, the organization said.

“This Florida law deserves exacting review on several legal grounds. The Court’s ruling today ensures it gets that review under not only the First Amendment but also for the ways it undercuts federal privacy law,” said Stephanie Joyce, Senior Vice President and Chief of Staff, who is the Director of CCIA’s Litigation Center. “Our full challenge will continue and we will keep fighting this unconstitutional, badly conceived statute.”

In its lawsuit, the organization argued kids’ parents — not the government — should have the power to decide if Facebook and YouTube is appropriate for children.

“Florida House Bill 3 is the latest attempt in a long line of government efforts to restrict new forms of constitutionally protected expression based on concerns about their potential effects on minors,” the lawsuit said, adding that some young people use social media to catch up with friends, research colleges and showcase their talents. 

“Just as people inevitably have different opinions about what books, television shows, and video games are appropriate for minors, people inevitably have different views about whether and to what degree online services like Facebook, YouTube, and Snapchat are appropriate for minors.”

Uthmeier^[6], who could not be reached for comment late Tuesday, filed a 15-page motion to dismiss in August.

“Plaintiffs’ principal gripes are that the phrases are ‘undefined’ and that HB3 ‘does not answer’ every hypothetical they can dream up. But the Florida Legislature ‘is not required to define each and every word in a piece of legislation,” his motion said.