Judge Blocks Arkansas 'Social Media Safety' Age Verification Law

Judge Blocks Arkansas 'Social Media Safety' Age Verification Law

LITTLE ROCK, Ark. — The U.S. District Court for the Western District of Arkansas on Thursday granted a preliminary injunction blocking the Arkansas government from enforcing the state’s sweeping new Social Media Safety Act, which was scheduled to take effect today, until its merits are litigated.

Tech trade group NetChoice sued Arkansas’ Republican Attorney General Tim Griffin over the state’s Act 689, which bans minors from using social media platforms without proof of parental consent, “with a number of confusing exceptions,” Reason’s Elizabeth Nolan Brown reported.

The decision by Judge Timothy L. Brooks coincided with a similar injunction against Texas’ anti-porn age verification and mandatory labeling law, also originally scheduled to be enacted today.

As XBIZ reported, a Texas court Thursday granted a preliminary injunction to Free Speech Coalition (FSC) and its co-plaintiffs, blocking the Texas Attorney General from enforcing HB1181 while the case is litigated

Chris Marchese, director of the NetChoice litigation center, commented, “We’re pleased the court sided with the First Amendment and stopped Arkansas’ unconstitutional law from censoring free speech online and undermining the privacy of Arkansans, their families and their businesses as our case proceeds. We look forward to seeing the law struck down permanently.”

Nolan Brown explained, “As with all such age verification laws, the Arkansas measure would invade the privacy of all social media users — including adults — who would be forced to turn over official IDs in order to speak or access information online. It would also infringe on the rights of minors to share and access constitutionally protected speech.”

Judge Brooks wrote in his decision that Act 689 was “unconstitutionally vague because it fails to adequately define which entities are subject to its requirements.”

More Brits Weighing in to Curtail U.S. Free Speech

In yet another instance of U.S. anti-porn politicians importing British “experts” to share their opinions on American free speech issues, the Arkansas government called upon U.K. age verification proponent Tony Allen to testify in support of Act 689.

Though termed a “constitutional monarchy,” the U.K. has no written constitution and no equivalents to the U.S. Bill of Rights, First Amendment or codified Section 230 protections. Another instance of sweeping “child protection” internet legislation, California’s controversial AB 2273, the so-called Age-Appropriate Design Code Act, was drafted and lobbied for by British Baroness and filmmaker Beeban Kidron. 

Weighing in on the Arkansas act, Allen attempted to convince the judge of the merits of U.K.’s controversial and perpetually stalled Online Safety Bill, which the court was told “is expected to pass the Houses of Parliament sometime next month.”

Allen explained that unlike the Arkansas act, the U.K. bill mandates that “age verification requirements will be triggered by particular content, called ‘primary priority content,’ which the U.K. has determined is damaging or harmful to minors.”

Examples of such content, he said, include “adult pornography and information about suicide, self-harm and dieting.”

After confusingly comparing the internet and online platforms to “a mall,” Allen testified that in the U.K., online parental consent will only be required “when a minor seeks to perform some action online that the law forbids, such as enter into a contract for the sale or purchase of goods. By contrast, Act 689 will require social media companies to obtain ‘express consent of a parent or legal guardian’ much more frequently — whenever an Arkansas minor seeks to open a social media account — and to use procedures reliable enough to ensure that these companies avoid incurring civil and criminal penalties.”

Implementing these procedures, Allen warned, will not be easy. 

“I think the biggest challenge you have with parental consent is actually establishing the relationship, the parental relationship,” he said. “It’s easy to say that this person who is giving the consent is, let’s say, in their 40s, versus the person that’s asking for the consent being under 18. But actually

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Aylo Challenges EU's DSA Mandate to Reveal Legal Names of Advertisers, Including Performers

Aylo has filed an appeal with the Court of Justice of the European Union (CJEU) challenging the EU's Digital Services Act mandate to disclose the legal names of advertisers, including performers, in a publicly accessible database.

Irish Senate Endorses Age Verification Proposal Based on Anti-Porn US State Laws

The Senate of the Republic of Ireland — known by its Gaelic name Seanad Éireann — has endorsed an age verification bill introduced by a senator who said he was inspired by the U.S. state laws promoted by religious conservative anti-porn crusaders.

Meta Admits to Updating Database of Banned Images Based on 'Media Reports'

Meta has told its Oversight Board that the company relies on “media reports” when deciding to add images to its permanent database of banned content for its platforms, including Instagram and Facebook.

MintStars Launches Tipping Solution MintPay

MintStars has unveiled payment processing solution MintPay, aiming to make tipping creators easier for fans.

Popular Pakistani Actor and Director Yasir Hussain Proposes Legalizing Porn

Prominent Pakistani actor, director and TV personality Yasir Hussain has sparked debate in the majority-Muslim country by suggesting that pornography should be legalized there and that society should own up to so many Pakistanis already being habitual consumers.

AEBN Publishes Popular Searches for May and June

AEBN has released the top search terms for the months of May and June from its straight and gay theaters in all 50 states and the District of Columbia.

Senior Labour MP Launches Attack on All Porn, Sex Work

A senior Labour MP on Tuesday launched an attack against adult websites, saying they are “characterized by lawlessness,” and called for further criminalization of all sex work.

Conservative Taxpayers Group Criticizes KOSA's Overreach

Conservative newspaper The Washington Times on Tuesday published an opinion piece by the executive director of the Taxpayers Protection Alliance, criticizing the Kids Online Safety Act (KOSA) on constitutional grounds.

Los Angeles-Area Man Pleads Guilty to Wire Fraud Over Bogus Adult Sites

A Los Angeles-area man pleaded guilty on Monday to defrauding investors out of more than $1 million “by making false promises that they would receive an ownership interest in several adult entertainment webcam websites and then using their money on personal expenses, including luxury items,” according to the Department of Justice.

More Conservative Organizations Distance Themselves From Anti-Porn Project 2025

A growing list of conservative groups that previously endorsed Project 2025 — which calls for the criminalization of adult content production and distribution — have reportedly distanced themselves from the self-described “presidential transition” blueprint, following Donald Trump’s repeated claims that he disagrees with an unspecified number of its positions.

Show More