Big tech companies in court battle with Florida over young teens having access to social media

TAMPA, Fla. - Come January, a new Florida law is set to take effect that will ban teens 14 and under from creating social media accounts on sites like Facebook, Snapchat and YouTube. But, the Computer & Communications Industry Association, which is representing those companies, said that the law violates the constitution and are now asking a judge to issue an injunction to keep the law from taking effect.

"It's obviously a huge safety concern. I understand where they're coming from, the government, but I don't think it can be understated that part of the problem is not just kids having access, it's other people having access to kids," Attorney Sara Hammond said.

According to a 2022 survey by Stastica.com, nationwide about 68% of 11-12-year-olds already had social media accounts. Under this law, those accounts would essentially be shut down.

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As part of the lawsuit the CCIA argues the law only applies to the websites that minors like to use regularly, like Instagram and TikTok, and doesn't apply to game streaming services like Xbox Live, where teens can actively message users. They argue that's inconsistent with the first amendment.

"Because, this is more nuanced and less of a visible physical danger, it'll be harder to control that in an effective way. And, I think, it will also be very difficult for it to be enforced in an effective way," Hammond said.

As Hammond explained, the law places the sole burden on the companies to virtually verify someone's age.

"This social media law infringes on the First Amendment rights of both minors and adults by creating significant barriers to accessing online information that every American, including minors, has a right to see. Protecting children online is an important goal that CCIA shares with legislators, and the far better way to ensure their protection is to give parents the information and tools they need to shield their children from unsuitable content, as digital services providers already have done for decades," a spokesperson for the CCIA said in a statement.

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Meanwhile, a spokesperson for Florida Attorney General Ashley Moody is responding to the lawsuit.

"We are reviewing the lawsuit; however, as a mother, Attorney General Moody will fight aggressively in court to ensure the ability to protect Florida children," a spokesperson for the Florida AG said in an email to FOX 13 late Tuesday.

As for the lawsuit, both sides are now waiting for a decision by a judge about whether a temporary injunction will be issued blocking the law while the legal process moves through the courts.

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