Fla. AG: Claims That State Kids Social Media Law is Preempted are False
The Computer & Communications Industry Association (CCIA) fails to establish how federal law preempts a state social media law that would prohibit kids 13 and younger from creating social media accounts, Florida argued Thursday in asking a federal court to dismiss some of the organization's amended complaint in case 4:24-cv-00438.
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Florida Attorney General James Uthmeier (R) added that CCIA's Fourteenth Amendment claims also fail, and that the organization is blocked from bringing certain claims on behalf of its members.
Since CCIA doesn't "allege a deprivation of their own rights," it can't pursue legal action, Uthmeier said. Additionally, CCIA fails to state a 14th Amendment claim or a Children's Online Privacy Protection Act preemption claim, and "allege a facial vagueness challenge because HB3 is not impermissibly vague in any -- let alone all -- applications."
The AG appealed the district court decision blocking enforcement of the law in early June, after the U.S. District Court for Northern Florida ruled it is likely unconstitutional, though Judge Mark Walker left the door open for other measures to help regulate kids on social media (see 2506040047).
CCIA sued over HB-3 in March, claiming it violated the First Amendment and posed privacy concerns (see 2503310040). In addition to social media prohibitions on children 13 and younger, the 2024 Florida law also requires parental consent for 14- and 15-year-olds to create accounts.