TALLAHASSEE — The Florida Legislature passed a social media ban for children under 16 on Thursday, putting skeptical Gov. Ron DeSantis on notice. Possibility of Court Challenges.
Citing concerns about the “addictive nature” of corporations and children's mental health, House members cheered as they gave the bill final approval by a vote of 108-7.
“These companies know what they're doing is wrong,” said Rep. Tyler Sirois, R-Merritt Island. “They haven't taken action. We will.”
But it's far from certain that Florida teens will be weaned off social media anytime soon.
Hours before the bill passed the House and Senate, DeSantis said the bill had “legitimate problems that need to be addressed.” He said he wanted parents to be able to override that ban. This is something the bill does not allow.
“We're still negotiating,” DeSantis said. “I don’t think we’re there yet.”
If Mr. DeSantis does not veto House Bill 1, it will face significant obstacles in court.
Social media companies are challenging other states' bans on social media for children, arguing that the bill violates the U.S. Constitution in a number of ways, including eradicating children's free speech rights.
The judges agreed, but none of those bans have gone into effect.
House Speaker Paul Renner (R-Naples) said the bill should be passed in a constitutional convention because it is different from what has been passed in other states.
The bill prohibits children from creating or having accounts on social media sites with “addictive features.” Under the bill, these features include infinite scrolling, push notifications and alerts, video autoplay, live streaming, and display of personal metrics such as likes and views.
Renner said not all social media companies use these features, so they would not be affected by the bill. Lawmakers did not say which platforms are using these features.
If the court decides it's unconstitutional, “we're going to accept that,” Renner said.
“Let's go back to square one and start over.”
House Bill 1 doesn't just affect minors. Social media sites would be required to employ third-party age verification software, such as requiring all Floridians to scan their faces or show some form of identification proving they are 16 or older. Third-party companies must be located in: Please report it to the US and delete the information immediately.
Adult websites will also be required to implement age verification. If you are under 18 years of age, you may not view the Site.
Federal judges have repeatedly ruled that requiring people to provide personal information, such as age verification, to access the Internet is unconstitutional.
Federal judges and the U.S. Supreme Court have repeatedly struck down efforts to restrict speech, even in the name of child safety. Judges in California, Ohio, and Arkansas cited these cases in blocking those states' bans from taking effect.
Renner et al. can have positive effect. Teenagers are starting businesses on social media. There you can meet your tutor, read news, watch educational videos and chat with friends.
But the harm outweighs the good, Renner said, pointing to rising rates of depression and suicide among teens.
“These addictive features and personalized algorithms are a vial of poison,” he said Thursday.
Renner made the ban one of his top priorities at the meeting, but resistance to the idea has grown in recent weeks.
Parents' refusal to override the state ban appears to run counter to the parental rights movement that DeSantis and groups like Moms for Liberty have championed.
Last week, Tiffany Justice, the group's president, hosted a podcast about the bill that featured two guests who opposed the bill. Mr. Justice appeared to take no action, but praised Mr. DeSantis for his skepticism.
“At Moms for Liberty, we believe that all parents have a fundamental right to direct the care of their children,” Justice said on the podcast.
Republican senators also questioned why parents shouldn't be responsible for social media issues.
“My concern is that this bill replaces parental decisions and replaces them with broad government edicts,” Sen. Jay Trumbull, R-Panama City, said last week.
On Thursday, Trumbull joined four other Republican senators in voting no.
