From banning books to restricting classroom discussions of race and gender, politicians across the country are busy censoring speech in the name of “protecting children.” Now they are also looking to limit access to social media.
Arkansas recently passed a social media safety law. This will require everyone to verify their age before accessing existing social media accounts or creating new ones. Users prove that they are 18 years of age or older using a “commercially reasonable age verification method” (such as requiring a biometric test or government-issued identification in some cases) If this is not possible, the law requires parents to obtain consent before using social media. As the ACLU, ACLU of Arkansas, and Electronic Frontier Foundation explained in a friend-of-the-court brief we recently filed in a challenge to the law, these requirements violate the First Amendment. They remove user anonymity, pose privacy and security risks, and can be used to prevent some people from using social media at all.
A wealth of communication and expression takes place online. Both children and adults use social media to share news, opinions, and ideas. Participate in social movements.Dialogue with the government representative; their spirituality; and express yourself creatively.
Social media can create echo chambers, but it can also expose people to ideas they wouldn’t otherwise encounter. About 23 percent of adult social media users told Pew researchers that their views on political or social issues changed because of something they saw on social media in the last year. While some uses of social media can harm a user’s body image, it also allows people whose body types are not represented in mainstream media to share their talents and lived experiences with the world.
While social media can have a negative impact on the mental health of some teens, it can be a lifeline for others. For example, Paula Sojo’s TikTok account has become a community for people with chronic illnesses who may feel alone. Additionally, many LGBTQ+ youth who face discrimination and judgment offline turn to social media for community, exploration, and support. The First Amendment protects this right to participate in all speeches.
If allowed to go into effect, the Arkansas law would prohibit users from accessing social media anonymously or under pseudonyms. Age verification requirements can deter even adults from participating in social media. This is because sharing additional personal data with social media companies can lead to your information being misused or hacked. Additionally, people without government-issued identification (such as undocumented immigrants) may not be able to access social media at all. Additionally, parental consent requirements violate children’s rights to speak and be informed, and adults’ rights to be heard. Courts have struck down the government’s past attempts to “protect children” from all sorts of “dangerous” new communications technologies on these grounds, from drive-in movies to video games.
The ACLU consistently fights against laws that claim to protect children but ultimately censor and marginalize speech. After the Communications Decency Act (CDA) of 1996 made it a crime for minors to view “obscene” or “patently objectionable” speech online, we were forced to embrace the First Amendment. Filed an influential case regarding rights. The Digital Age: Reno vs. ACLU. We believe that the First Amendment applies fully online and that the risk of minors seeing obscene communications justifies Internet censorship when alternative means of restricting speech are available. The Supreme Court ultimately held that it was not.
The same applies to parental consent requirements. In 2011, the Supreme Court ruled that the First Amendment prohibits the sale or rental of violent video games to minors, but allows adults to purchase them for minors. It overrode the state law that said it would. The court explained that the law does not simply enforce parental authority over what children can access. It was a dignified demonstration of what the government thought parents should be showing their children.
Of course, some parents (and some minors) may decide that the negative effects of social media use outweigh the benefits. You may choose to impose limits on your children’s, and even yourself, social media use. For example, consider banning social media use until your child reaches a certain age or level of digital literacy, imposing time limits, or placing all devices in a separate room before bedtime. You can But those decisions are not made by the government.
We urge the Western District of Arkansas to protect the rights of adults and children to access social media. We all have the right to talk and read about everything from upcoming protests to violin tips to challenges to Arkansas laws.