Ark. AG Asks Court to Rethink Enjoining Social Media Safety Act
Arkansas Attorney General Tim Griffin (R) asked the U.S. District Court for Western Arkansas Monday to alter or amend its ruling that permanently enjoined a state social media safety act, claiming the court lacks authority to abolish a law, only block enforcement of it.
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Last month, the court ruled in favor of NetChoice, agreeing with the trade association that the law, which required age verification and parental consent before using social media platforms, violated the First and 14th Amendments (see 2504010044).
Given that the AG “does not enforce the entire Act," NetChoice lacks "standing to challenge the entire Act, and NetChoice did not assert arguments challenging each of the Act’s provisions,” Griffen said in a brief. As such, “the judgment and its injunction exceed this Court’s equitable powers and are overbroad.”
Judge Timothy Brooks ruled the 2023 Arkansas law burdened access to constitutionally-protected speech and gave the algorithm more access to age data in his decision. NetChoice used Brooks' decision to support enjoining similar laws in other states, such as an age-verification measure in Tennessee (see 2504020033).