A federal judge blocked Arkansas Act 900 today, one day before the law was set to take effect, handing the state its second courtroom defeat in the same fight over who gets to decide what people can see and say online.
We obtained a copy of the order for you here.
US District Judge Timothy L. Brooks granted NetChoice’s motion for a preliminary injunction, freezing enforcement of a statute that would have imposed strict liability on social media platforms for a growing list of “addictive practices,” forced default settings on anyone in Arkansas the platform couldn’t verify as an adult, and required platforms to build parental dashboards tracking minors who don’t even have accounts. The ruling came in the Western District of Arkansas, Fayetteville Division.
The First Amendment problem is obvious. The government wrote a law that restricts what platforms can say, who they can say it to, and when. It restricts what minors can see and post. Then it backed those restrictions with $10,000-per-day fines and rules so vague that platforms cannot tell in advance what will trigger liability. Each of those features is a constitutional problem on its own. Act 900 combined all of them.
Hellbound and Down 