Privacy

A federal judge struck down Arkansas' Social Media Safety Act, ruling it unconstitutional for broadly restricting both adult and minor speech and imposing vague requirements on platforms. Engadget reports:

In a ruling (PDF), Judge Timothy Brooks said that the law, known as Act 689 (PDF), was overly broad. "Act 689 is a content-based restriction on speech, and it is not targeted to address the harms the State has identified," Brooks wrote in his decision. "Arkansas takes a hatchet to adults' and minors' protected speech alike though the Constitution demands it use a scalpel." Brooks also highlighted the "unconstitutionally vague" applicability of the law, which seemingly created obligations for some online services, but may have exempted services which had the "predominant or exclusive function [of]... direct messaging" like Snapchat.

"The court confirms what we have been arguing from the start: laws restricting access to protected speech violate the First Amendment," NetChoice's Chris Marchese said in a statement. "This ruling protects Americans from having to hand over their IDs or biometric data just to access constitutionally protected speech online." It's not clear if state officials in Arkansas will appeal the ruling. "I respect the court's decision, and we are evaluating our options," Arkansas Attorney general Tim Griffin said in a statement.