Florida’s Proposed Ban on Social Media for Minors and Its Controversy over Individual Rights

By: Sarah Wejman

Edited by: Clark mahoney and Connor Tooman

The pervasive rise of social media over the past couple decades has created a new generation of youth that is attached to their phones and instant communication. 95% of teens between the ages of 13 and 17 use social media, and over a third use it “almost constantly.” [1] Very recently on February 22, Florida’s legislature passed the HB 1 Bill that bans minors under the age of 16 from social media platforms in order to protect them from online risks to mental health, with goals to reduce cyberbullying and youth suicide rates. [2] With a vote count of 108-7 in the Florida House of Representatives and 23-14 in the Senate, it was a generally welcomed and fought for bill by the legislators. However, a  number of constitutional concerns have arisen and might very well change the outcome of this rather aggressive bill.

Specifically, the law targets any social media platform that, “tracks user activity, allows children to upload material and interact with others, and uses addictive features designed to cause excessive or compulsive use.” [3] This would likely include platforms like TikTok, Instagram, Snapchat, Facebook, and YouTube. The bill would require these companies to delete existing accounts of minors and also develop measures that would prevent future accounts from being made for those under the age threshold. [4]

Florida governor Ron Desantis was a proponent for the overall aims of the bill, but ended up vetoing it. Prior to his veto, he expressed that it is critical to, “strike that proper balance when you’re looking at these things between policy that is helping parents get to where they want versus policy that may be outright overruling parents.” [5] Similar bills were proposed in other states like Arkansas and Ohio, but federal courts blocked their less restrictive laws over issues  involving the free speech rights of social media companies and the right of minors to have access to social media. [6] Last year, Utah became the first state to pass a law requiring parental consent for social media use for those under 18, and also prohibited minors from using social media from 10:30pm to 6:30am. [7] This law is less objectionable to many than an outright ban, although the state is currently facing lawsuits over it.

Many parents are frustrated with the state’s decision to interfere. Angela Perry, a concerned mother from central Florida, states, “‘Whatever happened to parental rights? You are already selecting books my child can read at school. That is fine to a certain extent. But now you are also moving into their private life as well. It’s becoming intrusive.’” [8] The right for parents to control the upbringing of their children is a constitutional liberty per Washington v.

Glucksberg (1997). However, states are granted police powers, or general law making abilities to protect the health and safety of its people by the 10th Amendment of the Constitution. It will be up to the courts to continue deciding whether the state’s interests breach the parental liberties that accompany raising a child.

Desantis stated that he is already working with state officials to create a “different, superior” plan. [9] On X, he announced that “[p]rotecting children from harms associated with social media is important, as is supporting parents’ rights. I anticipate the new bill will recognize these priorities and will be signed into law soon.” [10] State decisions like this represent a larger movement that rejects the idea of unfiltered social media in order to protect vulnerable groups like children, but it must be delicately balanced against the protection of individual liberties that all Americans are guaranteed.

Notes:

1. Crowley, Kinsey, Dan Rorabaugh, C.A. Bridges, and Douglas Soule. “Florida Social Media Ban Passes Legislature, Headed to DeSantis’ Desk: What to Know.” USA Today, February 23, 2024. https://www.usatoday.com/story/news/politics/2024/02/23/forida-social-media-ban/72712831007/.

2. CS/HB1: Online Protection for Minor, Sess. of 2024

3. Farrington, Brendan. “Florida Lawmakers Pass Ban on Social Media for Kids under 16 despite Constitutional Concerns.” AP News, February 22, 2024. https://apnews.com/article/social-media-forida-government-2a11f9a4e9256eae 341a3d54c439c5af.

4. Singer, Natasha. “Florida Passes Sweeping Bill to Keep Young People of Social Media.” The New York Times, February 23, 2024. https://www.nytimes.com/2024/02/23/business/forida-social-media-youths.htm l#:~:text=The%20new%20rules%20in%20Florida,believed%20belonged%20to %20underage%20users..

5. Singer. “Florida Passes Sweeping Bill to Keep Young People of Social Media.”

6. Singer. “Florida Passes Sweeping Bill to Keep Young People of Social Media.”

7. Levine, Sam. “Florida Advances Law Banning Children under 16 from Using Social Media.” The Guardian, January 25, 2024, sec. US news. https://www.theguardian.com/us-news/2024/jan/25/forida-social-media-teenag er-ban-bill.

8. Farrington. “Florida Lawmakers Pass Ban on Social Media for Kids under 16 despite Constitutional Concerns.”

9. Cristiano Lima-Strong, “DeSantis Vetoes Florida Bill Banning Social Media for Most Kids,” Washington Post, March 1, 2024, https://www.washingtonpost.com/technology/2024/03/01/florida-social-media-ban-desantis-veto/.

10. Lima-Strong. “DeSantis Vetoes Florida Bill Banning Social Media for Most Kids.”

Bibliography:

Borter, Gabriella. “Florida Lawmakers Pass Bill to Ban Social Media for Anyone under 16.” Reuters, February 23, 2024. https://www.reuters.com/legal/florida-lawmakers-pass-bill-ban-social-media-children-under-16-2024-02-23/.

Crowley, Kinsey, Dan Rorabaugh, C.A. Bridges, and Douglas Soule. “Florida Social Media Ban Passes Legislature, Headed to DeSantis’ Desk: What to Know.” USA Today, February 23, 2024.https://www.usatoday.com/story/news/politics/2024/02/23/florida-social-media-ban/72712831007/. CS/HB1: Online Protection for Minor, Sess. of 2024

Farrington, Brendan. “Florida Lawmakers Pass Ban on Social Media for Kids under 16 despite Constitutional Concerns.” AP News, February 22, 2024. https://apnews.com/article/social-media-florida-government-2a11f9a4e9256eae341a3d54 c439c5af.

Levine, Sam. “Florida Advances Law Banning Children under 16 from Using Social Media.” The Guardian, January 25, 2024, sec. US news. https://www.theguardian.com/us-news/2024/jan/25/florida-social-media-teenager-ban-bill

Lima-Strong, Cristiano. “DeSantis Vetoes Florida Bill Banning Social Media for Most Kids.” Washington Post, March 1, 2024. https://www.washingtonpost.com/technology/2024/03/01/florida-social-media-ban-desantis-veto/.

Singer, Natasha. “Florida Passes Sweeping Bill to Keep Young People off Social Media.” The New York Times, February 23, 2024.https://www.nytimes.com/2024/02/23/business/florida-social-media-youths.html#:~:text=The%20new%20rules%20in%20Florida,believed%20belonged%20to%20underage%20users..