SOCIAL MEDIA: A trade association of online businesses says the “Social Media Safety Act” is unconstitutional.

NetChoice, a trade association made up of e-commerce and tech companies, has asked a federal court in Arkansas to permanently rule against the state’s social media age verification law. 

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The industry group, which includes members from Airbnb to Google, filed a motion for summary judgment before Judge Timothy Brooks in the Western District of Arkansas yesterday, asking him to find the state’s “Social Media Safety Act” unconstitutional. The law, passed by the state legislature and signed into law by Gov. Sarah Sanders earlier this year, aims to protect minors from the harms of social media.

Brooks granted a preliminary injunction on Aug. 31 that puts the new law on hold while the case plays out in court. 

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The law requires social media companies to verify the ages of all account holders in Arkansas. Self-reporting one’s age is not sufficient, and account holders must submit age-verifying documentation before accessing the platform, according to the law.  

In its brief to the court this week, NetChoice argued the law is unconstitutional, restricts access to constitutionally protected activity, is not narrowly tailored to serve the state’s interest and is too vague.

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