The tech industry is mounting a significant challenge to social media legislation in Arkansas, raising concerns about free speech and its potential chilling effect on innovation. A tech industry trade group, NetChoice, has filed a lawsuit against Arkansas over two new laws that place restrictions on content on social media platforms. NetChoice's members include major tech companies like Meta (Facebook), X (formerly Twitter), and Snap Inc.
One of the challenged laws prohibits social media platforms from using designs, algorithms, or features that they "know or should have known through the exercise of reasonable care" would cause a user to kill themselves, purchase controlled substances, develop eating disorders, or become addicted to the platform. The lawsuit argues this provision is unconstitutionally vague and doesn't offer sufficient guidance on which content would violate these restrictions. NetChoice contends this could lead to broad censorship, even impacting adults. For example, the suit questions whether songs referencing drug use, like Afroman's "Because I Got High," could be prohibited.
The second law being challenged would allow parents of children who died by suicide or attempted suicide to sue social media companies if their children were exposed to content promoting self-harm or suicide. Companies could face civil penalties up to $10,000 per violation. Additionally, this law seeks to expand previous restrictions by requiring social media platforms to prevent minors from receiving notifications between 10 p.m. and 6 a.m. and ensure their platforms "do not engage in practices to evoke any addiction or compulsive behavior". NetChoice argues that the law doesn't clarify how to comply with the addiction restriction and is overly broad.
NetChoice argues that the Arkansas laws are unconstitutional and an overreach. The organization previously challenged Arkansas's 2023 age-verification law for social media, which was struck down by a federal judge. Similar laws have faced legal challenges and been blocked by judges in other states like Florida and Georgia.
Concerns about the impact of social media on children's mental health have prompted several states, including Arkansas, to enact restrictions on these platforms. Federal and state officials have warned that social media may contribute to the youth mental health crisis.
The tech industry argues that these laws infringe on First Amendment rights, impacting both adults' and minors' protected speech. They also raise concerns about the practicality and constitutionality of age verification requirements. Judge Timothy Brooks of the U.S. District Court's Western District of Arkansas previously blocked the state's Social Media Safety Act, stating it was overly broad and restricted speech without being narrowly tailored. He also found that requiring age verification placed an undue burden on users.
The lawsuit also highlights the potential chilling effect on innovation. The vague language and broad restrictions could force companies to limit features and content, hindering the development of new tools and platforms. This could disproportionately affect smaller startups and businesses that may lack the resources to navigate complex legal requirements.
While proponents argue these measures are necessary to protect children, critics contend they are overly broad and impede free speech. They also raise concerns about the potential for unintended consequences, such as limiting access to information and resources for vulnerable youth. As the legal battle unfolds, the debate over how to balance online safety with constitutional rights and the promotion of innovation continues.
