The Florida Legislature passed a bill Thursday that would prohibit children under 16 from using social media — a ban free speech advocates say violates the First Amendment.
The bill in question, HB-1, passed the Florida Senate Thursday morning 23-14, on a mostly party-line vote, with 21 Republicans and 2 Democrats voting Yea, and 10 Democrats and 4 Republicans voting Nay, and 3 state senators not voting.
Shortly after 5 pm ET, the bill went back to the Florida House, where it had already passed in a previous form. The House voted to approve it once again, 108-7, with the 7 Nay votes all Democrats.
The text of the bill creates a new section in the Florida Statutes that requires social media platforms to prohibit minors who are younger than 16 years old from creating accounts, to “use reasonable age verification methods to verify the age of each account holder,” and to provide a disclaimer warning about social media being “harmful to mental health” and using “design features that have addictive qualities.” Violations of the law, if passed, would be deemed “an unfair and deceptive trade practice” and the state government can collect a civil penalty of up to $50,000 per violation. If a minor account holder asks for their account to be deleted, or a parent or legal guardian asks for a minor’s account to be deleted, and the platform does not comply with the request within the statutory deadline (5 or 10 days, respectively), it would be liable for $10,000 per violation, plus court costs and attorney fees.
The bill has attracted criticism from the right and left, one of several bills this session that have raised objections from free speech advocates and predictions that they cannot pass constitutional muster.
State Sen. Jason Pizzo (D) told Tampa area NBC affiliate WFLA he sympathized with parents’ concerns about the harmful effects of social media, himself the father of two teenage boys, but ultimately this is something that families, not government, needs to handle.
Hellbound and Down 