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Judge blocks Utah social media age-verification law

By Sarah Fortinsky - 9/12/24, 4:21 PM EDT

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A federal judge on Tuesday blocked Utah from enforcing an ambitious new law that would have required social media companies to verify people’s ages, apply privacy settings and impose certain restrictions on minors.

U.S. District Judge Robert Shelby issued the preliminary injunction against the Utah Minor Protection in Social Media Act, which was set to take effect Oct. 1. The judge said the defendant, NetChoice, is “substantially likely to succeed” on its claim that the law is unconstitutional because it violates the First Amendment.

NetChoice is a nonprofit trade association for internet companies including Google, Snap Inc., X, and Meta, which owns Facebook and Instagram. The law will be blocked pending the outcome of the group's case.

Supporters of the new law say the legislation is a key step aimed at reversing the worrying mental health trends pervasive among children and teens in states across the country. Experts, and even social media users themselves, often point to the platforms as contributing factors to their worsening mental health.

The legislation also replaces similar laws that were passed in 2023 but then were challenged as unconstitutional.

“The court recognizes the State’s earnest desire to protect young people from the novel challenges associated with social media use,” Shelby wrote in the order.

“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,” he continued. “And on the record before the court, Defendants have yet to show the Act does.”

Republican Utah Gov. Spencer Cox, who has championed the cause behind the social media legislation, said he was disappointed in the decision Tuesday. Cox said, however, that he expected a long battle, but “it is a battle worth waging, as the harm social media is causing our children continues.”

“Let’s be clear: social media companies could voluntarily, at this very moment, do everything that the law put in place to protect our children. But they refuse to do so. Instead, they continue to prioritize their profits over our children’s wellbeing,” Cox continued in a post on social platform X. “This must stop, and Utah will continue to lead the fight.”

The state’s attorney general, Sean Reyes, also said he was disappointed but said his office was "analyzing the ruling to determine next steps."

“We remain committed to protecting Utah’s youth from social media’s harmful effects,” Reyes added in an emailed statement.

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