United States: Court ruling in Florida: towards a ban on social networks for minors?

Court ruling: towards a ban on social networks for minors?
by Andy R., android-mt.ouest-france.fr/, June 5, 2025 - auto-translation

A high-profile Florida law aimed at banning minors under the age of 14 from accessing social media platforms has just suffered a major setback. A federal judge has ordered its temporary suspension, reigniting the thorny debate over child protection in the digital age versus the fundamental principle of freedom of expression. This American decision resonates particularly strongly as many countries, including France, are considering the best way to regulate the use of social media by young people.

In brief:

• Florida law banning social media for children under 14 suspended by judge
• Concerns about violation of freedom of expression have been raised by the courts
• This type of debate on regulating minors' access to social networks is also lively in France. 

Florida's Attempt to Disconnect Young Users

In the spring of 2025, the state of Florida made a splash by adopting some of the strictest legislation in the United States regarding minors' access to social media. HB1, in particular, provided for an outright ban on the creation of accounts on many platforms for children under the age of 14. For adolescents aged 14 and 15, explicit parental consent became necessary. The stated objective of Florida lawmakers was clear: to protect young people from the effects deemed harmful by social media, such as cyberbullying, mental health problems (anxiety, depression, damaged self-image), or exposure to inappropriate or dangerous content.

This initiative was part of a broader context of increasing pressure on tech giants. Around the world, calls are growing for platforms like Instagram, TikTok, Snapchat, and others to take stronger measures to ensure the safety and well-being of their youngest users. We all have worrying stories or studies highlighting the risks of early and uncontrolled exposure to these virtual worlds.

Justice is dragging its feet: a question of fundamental freedoms

However, this desire for protection has encountered a significant legal obstacle. A federal judge in the Northern District of Florida, petitioned by NetChoice, a trade association representing several technology companies, decided to temporarily suspend the application of the law, which was due to take effect soon. According to information reported by Courthouse News Service on June 3, 2025, the judge ruled that the law was "likely to violate the constitutional rights to free speech" guaranteed by the First Amendment to the U.S. Constitution.

In his preliminary ruling, the judge noted that the ban was likely overbroad and not "narrowly tailored" to serve the state's legitimate interests in protecting minors. In other words, the court found that blocking access entirely was disproportionate and that there were potentially less restrictive ways to achieve the protection goals. "The government cannot prohibit speech from a substantial portion of its citizens ," the judge reportedly argued, pointing to the fact that social media is also a place for young people to learn, debate, and socialize.

A global debate: how to protect without over-restricting?

This Florida court ruling is far from an isolated case and resonates strongly beyond the U.S. borders. In France, for example, the debate over regulating minors' access to social media is particularly heated. Bills aimed at establishing a digital majority or strengthening platforms' age verification requirements are regularly discussed, as Yahoo Style pointed out . The issue is universal: how can the imperative protection of children be reconciled with respect for individual freedoms, particularly freedom of expression and access to information?

Finding this balance is a real challenge for legislators. On the one hand, inaction in the face of proven risks is not an option. On the other, overly restrictive measures can be perceived as an infringement of fundamental rights and prove technically complex to implement effectively, not to mention the risk of creating a digital divide or pushing young people towards even less secure platforms.

What alternatives are there for safer browsing for young people?

Faced with the complexity of outright bans , several avenues are being explored to promote a safer digital environment for minors:

• Strengthening parental roles: Media literacy, ongoing dialogue about digital usage, and the use of appropriate parental control tools remain essential pillars. As a parent, I know this is a daily investment, but an essential one.
• Greater accountability of platforms: They must intensify their efforts to ensure more robust age verification (without it becoming a gas factory for the user), improve content moderation, and above all, design their services ethically (“design by default”) to minimize the risks of addiction or exposure to harmful content.
• Media and Information Literacy (MIL): Equipping young people with a sharp critical mind to navigate and decipher information and identify online manipulation is crucial. This requires education in schools, but also through community initiatives.

Social media regulation for minors: a path strewn with pitfalls

The Florida court decision perfectly illustrates the tension between the desire to protect children and the safeguarding of civil liberties in the digital age. While the goal of protecting minors from the potential dangers of social media is a consensus, the methods for achieving this are far from simple or unanimous. The debate is therefore far from over. It underscores the need for a nuanced approach, combining education, parental and platform responsibility, as well as intelligent and scalable regulation capable of adapting to rapid technological change without disproportionately infringing fundamental rights.

Original article  in French:
https://android-mt.ouest-france.fr/news/arret-judiciaire-vers-linterdiction-des-reseaux-sociaux-pour-mineurs/179971/