NetChoice LLC v. Reyes
Issue
Whether Utah's Social Media Regulation Act — requiring platforms to verify user ages, restrict minors' access to certain features, and give parents supervisory access — violated the First Amendment and was preempted by § 230.
What Happened
NetChoice, a trade association of social media companies, challenged Utah's Social Media Regulation Act on First Amendment and § 230 preemption grounds. The act required platforms to verify the age of Utah users, restrict minors' access to features deemed harmful, and provide parents with supervisory tools over minors' accounts. The district court granted a preliminary injunction, finding significant likelihood that the Act violated the First Amendment by compelling speech and restricting protected expression, and that portions were preempted by § 230 to the extent they imposed publisher-function obligations on platforms.
Why It Matters
Part of the wave of state child online safety legislation enacted in 2023–2024. The court's First Amendment and § 230 preemption analysis reflects the complex intersection of constitutional law and federal preemption doctrine in the youth social media regulation context. A precursor to the broader national legal battle over state-level children's online safety laws.
Related Filings
Other proceedings in the same litigation tracked by this monitor.
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