A prominent technology trade group, NetChoice, has filed a federal lawsuit against the state of Arkansas, challenging two new laws that place significant restrictions on social media platforms. Filed on Friday in federal court in Fayetteville, the lawsuit argues that the laws infringe on constitutional rights and amount to governmental overreach.
The two laws in question, both signed earlier this year by Republican Governor Sarah Huckabee Sanders, are part of a growing wave of state-level regulations aimed at addressing the perceived harmful impact of social media on children’s mental health. One of the new laws enables parents to sue social media companies if they believe content on the platforms contributed to their child’s suicide. The other mandates content restrictions and new enforcement mechanisms targeting platforms’ engagement with minors.
NetChoice, which represents tech giants like Meta, Google, and TikTok, says the measures violate the First Amendment and are overly broad. “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,” the lawsuit reads.
This legal challenge follows a previous ruling in which a federal judge struck down a separate Arkansas law requiring parental consent for minors to create social media accounts, calling it likely unconstitutional.
Supporters of the laws argue they are necessary to protect children from harmful online content, including cyberbullying, inappropriate material, and addictive algorithmic design. Governor Sanders has been a vocal advocate for stricter online safety laws, framing the effort as a defense of family values and child welfare.
However, NetChoice contends that the new laws set a dangerous precedent and impose vague standards that could lead to broad censorship. The organization has successfully challenged similar laws in other states, including California and Utah.
As state legislatures continue to grapple with the complex interplay of child safety and digital rights, the Arkansas case may set a critical legal precedent on how far states can go in regulating online platforms. A court ruling in favor of NetChoice could potentially halt or reshape similar laws across the country.
