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"Unconstitutional": Federal judge blocks Arkansas social media safety law

Date:
Wed, 17 Dec 2025 14:56:14 +0000

Description:
A federal judge has hit pause on Arkansas's controversial social media law,
ruling that Act 901 likely violates the First Amendment. Here is what you 
need to know.

FULL STORY

A US federal judge has temporarily blocked a new Arkansas law intended to 
hold social media companies liable for harmful effects on users, ruling that
the legislation is "likely unconstitutional." 

On Monday, US District Judge Timothy L. Brooks granted a preliminary
injunction against the Arkansas Act 901, according to local reports . The
ruling prevents Arkansas Attorney General Tim Griffin from enforcing
provisions that would have penalized platforms for using designs or 
algorithms that lead to addiction, drug use, or self-harm. 

This legal battle in Fayetteville is the latest flashpoint as US states
attempt to regulate online spaces. While similar legislative pushes regarding
strict age verification measures have prompted some privacy-conscious
Americans to use the best VPN services to maintain access to information
without handing over government ID, this specific ruling focuses heavily on
the First Amendment rights of the platforms themselves.

"Void for vagueness"

The lawsuit was brought by NetChoice, a major internet trade association
representing tech giants including Meta (Facebook, Instagram), YouTube, Snap
Inc., Reddit, and X. NetChoice argued that Act 901 violates the First
Amendment and is preempted by federal law. 

The Act sought to prohibit social media platforms from using features they
"know or should have known" cause specific harms to minors, including
purchasing controlled substances, developing eating disorders, or committing
suicide. Violations could have resulted in civil penalties of up to $10,000
per violation and Class A misdemeanor charges. 

However, in his order, Judge Brooks criticized the law for being
"unconstitutionally vague." He noted that the legislation failed to specify a
clear standard of conduct for the platforms, leaving violations dependent on
the subjective sensitivities of users. 

"The Act regulates pretty much everything a social media platform does," 
Judge Brooks wrote in the decision. "Defendants have failed to establish that
[sections of the law] are narrowly tailored to achieving the State's asserted
interests... These provisions of the Act are likely unconstitutional." 

While acknowledging the State's argument that social media can harm minors,
Brooks emphasized that the government cannot trample on free expression to
address it.

A wider battle over online safety 

The blocking of Act 901 is a significant victory for the tech industry, which
has consistently pushed back against a patchwork of state-level regulations. 

Attorney General Griffin had argued that the law was necessary because
platforms "hold a vast amount of power over Arkansans" and have refused to
exercise it responsibly. Yet, according to the judge, the harm to the
government caused by an injunction does not outweigh the public interest in
protecting freedom of expression. 

This ruling comes at a time of intense global scrutiny regarding social media
safety. While Arkansas struggles to implement its specific restrictions, 
other jurisdictions are moving faster. For example, the Australian government
recently passed a ban on social media for children under 16, and the US
Congress is considering its own federal measures for app store age
verification. 

For now, however, Arkansas cannot enforce Act 901. Judge Brooks noted that
because NetChoice showed a likely First Amendment violation, the platforms
would suffer "irreparable harm" if the law were allowed to take effect while
the case proceeds. 

======================================================================
Link to news story:
https://www.techradar.com/vpn/vpn-privacy-security/unconstitutional-federal-ju
dge-blocks-arkansas-social-media-safety-law

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