Judge blocks Arkansas age assurance law, blasts it as hatchet job on free speech

A U.S. District Court has struck down Arkansas’ age assurance law, handing a win to NetChoice, the industry lobby group that represents the world’s most powerful tech firms, challenging laws they deem unconstitutional and/or inconvenient.

In a rather gloating release, NetChoice quotes the Court decision in NetChoice v. Griffin: “if the legislature’s goal in passing Act 689 was to protect minors from materials or interactions that could harm them online, there is no evidence that the Act will be effective in achieving that goal.”

Judge Timothy Brooks’ ruling gives NetChoice plenty of ammo, saying the legislation “takes a hatchet to adults’ and minors’ protected speech” and deeming it to be an ineffective “content-based restriction on speech.” The age assurance law is now blocked from taking effect, and NetChoice has obtained its first permanent injunction.

“The court confirms what we have been arguing from the start: laws restricting access to protected speech violate the First Amendment,” says Chris Marchese, director of the NetChoice Litigation Center. “And while we are grateful that this law has been permanently struck down and free speech online preserved, we remain open to working with Arkansas policymakers to advance legislation that protects minors without violating the Constitution.”

Marchese argues that the ruling “protects Americans from having to hand over their IDs or biometric data just to access constitutionally protected speech online,” and “reaffirms that parents – not politicians or bureaucrats – should decide what’s appropriate for their children.”

It remains to be seen whether or not these arguments, and the Arkansas decision, will convince the rest of the U.S.

Senator says Colorado age assurance bill takes cues from Project 2025

In Colorado, there is opposition to Senate Bill 201, AKA the “Require Age Checks for Online Sexual Materials” bill. In an opinion piece for the Colorado Sun, State Senator Nick Hinrichsen notes the risks associated with sharing personal information related to sexuality and legal adult content consumption – especially in a cultural climate that has shown an appetite for both Christian moralism and public humiliation as political tools.

Hinrichsen says the roots of the Colorado legislation “can be traced back to the conservative agenda outlined in Project 2025,” referencing the notorious blueprint for conservative reform associated with the Trump administration. “Neither the government nor private entities should be in the business of tracking what consenting adults view online, especially when the risks of leaks and misuse are so high.”

He argues that “the First Amendment protects access to legal content, including adult material” and that SB 201 “creates an “unconstitutional burden on lawful expression, ignoring the fact that less restrictive, more effective solutions – like parental controls – already exist.” Moreover, he notes the “dangerous implications” beyond the bill’s stated intent, raising concerns that resources for LGBTQ+ youth and reproductive health could easily be labeled as “harmful content” by ideologically motivated politicians.

Hinrichsen ultimately believes the law will set a “dangerous precedent for government overreach, privacy violations and censorship,” which will disproportionately harm marginalized communities.

FTC’s COPPA Rule stalled in Trump suspension of regulations

Critics of age assurance laws may take some comfort from coverage in MLex, which looks at how the current administration’s unorthodox approach to government – and, particularly, its freezing of the activities of the Federal Trade Commission (FTC) –         has delayed action on age legislation.

Madeline Hughes writes that, “while Republicans are working to pass legislation, the regulatory freeze implemented by the Trump administration has left the updated Children’s Online Privacy Protection (COPPA) Rule that would limit the third-party use of children’s data in limbo.”

And, she says, “the removal of the FTC’s two Democratic commissioners has also created friction in a typically bipartisan area of agreement.”

The FTC is tasked with protecting children online under COPPA. Its newest COPPA Rule, adopted in a unanimous 5-0 decision in mid-January, requires parents to opt in to third-party advertising and limits companies’ ability to monetize children’s data. When Donald Trump was inaugurated, it was still waiting to be published in the Federal Register – required for any rule to go into effect.

Trump’s freeze on regulatory bodies has now left the law hanging.

Article Topics

age verification  |  Arkansas  |  biometrics  |  children  |  Colorado  |  COPPA  |  legislation  |  Netchoice  |  social media  |  United States