Ark. AG: Amending Social Media Law Makes Constitutionality Challenge Moot
Since Arkansas has amended a social media safety law that is being challenged in court, the case should be dismissed, Attorney General Tim Griffin (R) said Monday. He asked the U.S. 8th Circuit Court of Appeals to toss case 25-1889 as moot, and vacate the district court decision that permanently enjoined the statute at the end of March (see 2504010044).
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"The Arkansas General Assembly has now substantially amended the Social Media Safety Act with Act 900 of 2025," the court document said. "That means whether the district court was correct to conclude that Act 689 was unconstitutional is moot and any opinion on that question would be an impermissible advisory opinion."
"Alternatively, if this Court concludes that Act 900 did not substantially amend Act 689 and this appeal is not moot, the Court should review the district court’s judgment in light of current law," Griffin added. "Doing so is consistent with this Court’s precedent and would promote judicial efficiency."
The U.S. District Court for Western Arkansas said in March that the age-verification law violated the First and 14th Amendments, ruling in favor of tech trade association NetChoice. A month later, Arkansas Gov. Sarah Huckabee Sanders (R) signed amendments to the 2023 law that required social media platforms to verify users' ages (see 2504250042). In July, Judge Timothy Brooks from the district court declined to amend his previous ruling (see 2507240036).