Tech industry trade group NetChoice filed a lawsuit against the state of Arkansas on Friday, challenging two newly enacted laws that impose restrictions on social media platforms and open the door for parents to sue over harmful content linked to youth suicides.
The lawsuit, filed in federal court in Fayetteville, comes months after a federal judge struck down a previous Arkansas law requiring parental consent for minors to open social media accounts. The new laws were signed earlier this year by Republican Governor Sarah Huckabee Sanders.
“Despite the overwhelming consensus that laws like the Social Media Safety Act are unconstitutional, Arkansas elected to respond to this Court’s decision not by repealing the provisions that it held unconstitutional but by instead doubling down on its overreach,” NetChoice stated in the lawsuit.
Several U.S. states have pursued similar laws, citing concerns over the mental health effects of social media on children. NetChoice — whose members include TikTok, Meta (Facebook’s parent company), and X (formerly Twitter) — had successfully challenged Arkansas’ 2023 age-verification requirement for social media users, which a federal judge blocked and struck down in March.
Similar laws have also been halted by courts in Florida and Georgia.
A spokesperson for Arkansas Attorney General Tim Griffin said the office is reviewing the lawsuit and “looked forward to defending the law.”
One of the laws being challenged prohibits social media companies from using designs, algorithms, or features that they “know or should have known through the exercise of reasonable care” could lead users to die by suicide, purchase controlled substances, develop an eating disorder, or become addicted to the platform.
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NetChoice argues that this provision is unconstitutionally vague and fails to provide clear guidance on what content would violate the restrictions. The lawsuit also points out that the law would affect both minors and adults.
It questions whether certain songs referencing drugs — like Afroman’s “Because I Got High” — would fall under the new restrictions.
The same law allows parents to sue social media companies if their children died by suicide or attempted to do so after exposure to content promoting self-harm or suicide. Companies found in violation could face civil penalties of up to $10,000 per incident.
NetChoice is also contesting a second law that broadens the scope of Arkansas’ restrictions on social media platforms. This measure requires platforms to prevent minors from receiving notifications between 10 p.m. and 6 a.m. It also prohibits companies from designing their platforms to “evoke any addiction or compulsive behavior.”
NetChoice contends the law lacks clarity on how platforms can comply and that the language is so broad, it is unclear what types of content or features would constitute a violation.
“What is ‘addictive’ to some minors may not be addictive to others. Does allowing teens to share photos with each other evoke addiction?” the lawsuit stated.