A divided federal appeals court has cleared the way for Florida to enforce a 2024 law that keeps young children off major social media platforms while the legal fight over it continues.
In a 2-1 decision, a panel of the 11th U.S. Circuit Court of Appeals lifted a preliminary injunction that had blocked the law, known as HB 3. The state may now enforce it. The law bars children under 14 from holding social media accounts and requires parental consent for 14- and 15-year-olds. It targets platforms built around features such as infinite scroll and autoplay.
Writing for the majority, Judge Elizabeth Branch said the law does not block children from social media altogether. It limits their ability to create accounts on platforms with addictive features, and it focuses on platforms that have shown significant use by children and young teens. Judge Barbara Lagoa joined the opinion. The majority also found that the law regulates a form of expression, not subject matter, and rejected the argument that the measure violates the First Amendment.
Attorney General James Uthmeier responded on X that “HB 3 is now the law of the state and will be enforced.”
Two industry groups, NetChoice and the Computer & Communications Industry Association, brought the challenge. Their members include Google, Meta, and Snap. U.S. District Judge Mark Walker had sided with them in June, finding the law likely violated the First Amendment.
Judge Robin Rosenbaum dissented. She argued the law reaches beyond minors because verifying ages would likely subject all users to some form of screening, and she called it a categorical ban on minors’ speech.
Supporters, including state Rep. Dean Black, a Yulee Republican and bill cosponsor, said the ruling lets parents protect children from harmful features. The ruling does not settle whether the law will ultimately survive, and it does not name specific platforms.
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