Louisiana Age-Verification Law for Social Media Struck Down by Judge
(KPEL News) - In 2023, a Louisiana law was passed that required social media platforms to verify age and get parental consent for children under the age of 16 who wanted to open social media accounts. A Louisiana judge struck down the law this week.
The Louisiana Secure Online Child Interaction and Age Limitation Act requires anyone under 16 to obtain parental permission before creating a social media account. A tech media trade group filed suit against the law, arguing that, among other things, the term "social media" was overly broad and unconstitutionally vague.
The trade group, NetChoice, further argued that it would deny young people their First Amendment rights. A federal judge, John W. deGravelles, agreed with the group.
Louisiana Attorney General Liz Murrill issued a statement this week saying the decision will be appealed. The judge's decision mirrors rulings by judges across the country who have struck down similar laws in other states.
DeGravelles wrote a 94-page decision, and in one section explained that states trying to protect kids "does not include a free-floating power to restrict the ideas to which children may be exposed. He added that cutting off access to social media “is to prevent the user from engaging in the legitimate exercise of First Amendment rights.”
The Co-Director of NetChoice's Litigation Center, Paul Taske, had plenty to say about the ruling that they were so pleased to read,
....the First Amendment prevailed in Louisiana. The government lacks authority to restrict access to lawful speech it does not like. As the district court recognized, the First Amendment forbids the government from posting ID-checks outside the library door–– and the same is true when it comes to social media. Louisiana’s law would have done more than chill speech. It would have created a massive privacy risk for Louisianans like those playing out in real time in countries without a First Amendment, like the UK. Parents, not the government, are best suited to decide how their families use the internet.
Taske added that the law would have asked for too much sensitive information from children.
Murrill said in a post on social media,
The assault on children by online predators is an all-hands-on-deck problem. It’s unfortunate that the court chose to protect huge corporations that facilitate child exploitation over the legislative policy to require simple age verification mechanisms. We will appeal.
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