A trade group associated with Meta, TikTok, and X is fighting back against a Utah law forcing minors to obtain parental consent and abide by a strict curfew in order to access social media. Though lawmakers in Utah and a growing number of other states believe regulations like these are necessary to protect young users from online harms, a new lawsuit filed by NetChoice argues the laws go too far and violate First Amendment rights to free expression.
Utah officially passed its Social Media Regulation Act back in March. The law, which is set to take effect March 1, 2024, is actually a combination of a pair of bills, SB152 and HB311. Combined, the bills prohibit minors from opening a new social media account without first receiving written parental consent. It also restricts minors from accessing social media between 10:30 p.m. and 6:30 a.m, unless they receive permission from their parent or guardian. Tech platforms would be required to verify the age of its users. Failure to do so could result in a $2,500 fine per violation.
Utah lawmakers supporting the law say it’s necessary to reduce young users’ exposure to potentially harmful material online such as eating disorder and self-harm related content. Lawmakers say the curfew, one of the more controversial elements of the law, could help ensure minors aren’t having their sleep impacted by excessive social media use. A US Surgeon General advisory report released earlier this year warned of potentially sleep deprivation linked to excessive social media use.
“While there are positive aspects of social media, gaming, and online activities, there is substantial evidence that social media and internet usage can also be extremely harmful to a young person’s mental and behavioral health and development,” Utah Attorney General Sean Reyes said during a press conference earlier this year.
NetChoice, in a suit filed Tuesday, claims the provisions violate Utahns’ First Amendment Rights and amounts to a “unconditional attempt to regulate both minors’ and adults’ access to—and ability to engage in—protected expression.” The suit also takes aim at the law’s age verification requirement, which NetChoice argues would violate the privacy of all Utah social media users and ultimately do more harm than good.
“The state is telling you when you can access a website and what websites you can access,” NetChoice Vice President and General Counsel Carl Szabo told PopSci. “Our founders recognized the dangers in allowing the government to decide what websites we can visit and what apps we can download. Utah is disregarding that clear prohibition in enacting this law.”
The law wouldn’t just affect minors either. Szabo said the law’s rules forcing platforms to verify the age of users under the age of 18 would, by definition, also result in the verifying the ages of users over the age of 18. Social media companies would be required to use telecom subscriber information,
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