SALT LAKE CITY — A federal judge has blocked one of Utah's new laws on youth social media access from going into effect.
In an order issued late Tuesday, U.S. District Court Judge Robert Shelby agreed with NetChoice, a coalition of tech and social media companies, to halt Senate Bill 194 from being enforced. That law required age-verification and put restrictions on targeted advertising and personalized content.
"The court recognizes the State’s earnest desire to protect young people from the novel challenges associated with social media use. But owing to the First Amendment’s paramount place in our democratic system, even well-intentioned legislation that regulates speech based on content must satisfy a tremendously high level of constitutional scrutiny," Judge Shelby wrote.
NetChoice had sued, citing the First Amendment and arguing that things like age-verification meant that everyone in Utah who used social media would have to upload some kind of ID to prove they were of age. The state has pushed back saying they are protecting youth whose mental health is being harmed by the platforms that have addictive algorithms and autoplay features designed to keep people engaged while they collect data and serve up advertising.
"Defendants generally respond to these underinclusivity concerns by suggesting a social media-specific problem arises when social media companies’ use 'addictive design features' in combination with 'user-generated [content] and user-to-user interface,'" Judge Shelby wrote. "But Defendants simply do not offer any evidence to support this distinction, and they only compare social media services to 'entertainment services.' They do not account for the wider universe of platforms that utilize the features they take issue with, such as news sites and search engines."
In the same ruling, Judge Shelby dismissed arguments by a group of social media users who sued the state making similar claims. He denied a separate injunction request made by their lawyers.
"The Act regulates social media companies—not social media users," the judge wrote.
NetChoice celebrated the ruling, which is only in effect through the rest of the litigation.
"Utah’s law not only violates the First Amendment, but if enforced would backfire and endanger the very people it’s meant to help. We look forward to seeing this law, and others like it, permanently struck down and online speech and privacy fully protected across the country," said Chris Marchese, director of the NetChoice Litigation Center, in a statement. "The District Court’s thoughtful decision highlights just how flawed this law is at its core."
In a statement to FOX 13 News, the Utah Attorney General's Office hinted that it was considering an appeal.
"We’re disappointed in the district court’s decision preliminarily enjoining Utah’s Minor Protection in Social Media Act. The AG’s Office is analyzing the ruling to determine next steps. We remain committed to protecting Utah’s youth from social media’s harmful effects," Utah Attorney General Sean Reyes' office said.
Many of the same companies that belong to NetChoice are being sued by the state which is alleging their products have contributed to mental health issues for Utah youth. Governor Spencer Cox and leaders in the Utah State Legislature have repeatedly spoken out against the platforms.
Read the judge's ruling here:
