A federal judge has issued a preliminary injunction, halting the implementation of key provisions within Florida’s controversial social media rationing law, HB3. The ruling allows a legal challenge brought by the Computer & Communications Industry Association (CCIA) and NetChoice to proceed, marking a significant development in the ongoing debate over online speech and minors’ access to digital platforms.
Chief U.S. District Judge Mark Walker’s decision follows the CCIA and NetChoice, representing major tech companies such as Google, Snap, and Meta, filing an amended complaint and a renewed motion for a preliminary injunction in March. Their legal action argues that HB3 unconstitutionally restricts protected free speech.
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In his ruling, Chief Judge Walker emphasized the stringent requirements the First Amendment places on the state. “Like other district courts around the country, this Court simply recognizes that the First Amendment places stringent requirements on the State to avoid substantially burdening speech unless the State can show that doing so is necessary to achieve its significant interests,” Judge Walker stated.
The preliminary injunction specifically blocks parts of HB3 from being enforced until the court can hear the full legal challenge. This directly contradicts an earlier decision by Judge Walker himself, who had previously denied a bid by the same tech industry groups to halt the law, ruling at that time that they lacked standing to challenge it. The shift in the court’s position on standing is a critical turning point in the case.
Matt Schruers, President and CEO of the CCIA, lauded the ruling, stating, “This ruling vindicates our argument that Florida’s statute violates the First Amendment by blocking and restricting minors—and likely adults as well—from using certain websites to view lawful content. We look forward to seeing this statute permanently blocked as a violation of Floridians’ constitutional right to engage in lawful speech online.”
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Florida’s HB3, a flagship initiative of the state’s 2024 legislative session, aims to shield minors from online harms. The law bars children under 14 from holding accounts on platforms with “addictive features” such as algorithmic feeds, and requires parental consent for 14- and 15-year-olds. Violations of the law could incur significant penalties for companies, including fines of up to $50,000 per violation and potential lawsuits from parents. While the law was initially set to take effect on January 1, enforcement had been paused pending Judge Walker’s ruling.
The state of Florida has defended HB3 as a “content-neutral” commercial regulation, arguing that it targets addictive design features rather than restricting free expression. Proponents of the law, led by figures like former House Speaker Paul Renner, contend that social media poses a significant mental health risk to children.
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However, tech industry attorneys have consistently criticized the law as an overreach, asserting that parents, not the state, should retain control over their children’s online access through existing tools.
With the preliminary injunction now in place, the case will proceed to a full legal challenge, where the core First Amendment arguments surrounding HB3 will be thoroughly debated. The ultimate fate of Florida’s social media rationing law remains to be decided in further court rounds.
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