Arkansas Delays Enforcing Social Media Law

Arkansas officials said Tuesday they won't enforce new social media restrictions against any member of the tech group NetChoice until a judge rules on the organization's request to block the law as unconstitutional.

The statute, which had been slated to take effect August 5, prohibits social media platforms from using algorithms that could "cause" a user to commit suicide, buy drugs, develop an eating disorder, or become addicted to social media.

NetChoice challenged the law, arguing it violates the First Amendment. The group said in its bid to block enforcement that the measure is "hopelessly vague," adding that someone "of ordinary intelligence" has no way of knowing "whether a particular 'feature' will cause some unidentified user to purchase a controlled substance, develop an eating disorder, engage in self-harm, or become 'addicted' to the online service."

The organization also argues the law isn't tailored to a "legitimate" governmental interest, noting that it restricts only online services with user-generated content, but allows "the exact same types of content in other settings."

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For instance, NetChoice wrote, that law "leaves the Hulu app free to offer 'Pineapple Express,' the HBO Max app free to stream advertisements for allergy medications, and www.MTV.com free to play Nirvana music videos while seemingly prohibiting Instagram and YouTube from doing the same."

Arkansas officials' response was due July 17, but the state attorney general's office and NetChoice on Tuesday asked to extend that deadline until September 3. NetChoice's response would then be due October 1, with a hearing to follow.

Counsel for both sides said in a joint motion that Arkansas won't enforce the law against any NetChoice member while the group's request for a preliminary injunction remains pending.

NetChoice's members include Meta Platforms, Google, Snap and other large tech companies.

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