
Arkansas Attorney General Tim Griffin’s office is still battling tech giants in federal court over a law the legislature passed in 2023 to protect children on social media.
Around the country, state legislators have recognized that social media can be hazardous for teens. These platforms rely on specialized algorithms to suggest content to users. As users look at social media content, the algorithms make a point to recommend similar material in the future — a process sometimes called “rabbit holing.”
If users view inappropriate or harmful material on social media, the algorithm will suggest similar content in the future. As a result, social media platforms like TikTok often serve teens what some have called a steady “diet of darkness.”
That’s why Arkansas lawmakers have taken steps to protect kids online. The 2023 Social Media Safety Act by Sen. Tyler Dees (R – Siloam Springs) and Rep. Jon Eubanks (R – Paris) is a good law that requires major social media companies to make sure minors don’t access social media platforms without parental consent. A social media company that violated the law could be held liable.
The law received strong support at the legislature, but tech giants — such as Facebook, Instagram, Twitter, and TikTok — sued to strike down the Social Media Safety Act as unconstitutional.
In 2023, U.S. District Judge Timothy Brooks in Fayetteville issued an order stopping the State from enforcing the law. Earlier this year, Judge Brooks delivered a final decision blocking all of the Social Media Safety Act.
However, in April Attorney General Griffin’s team filed a motion to alter Judge Brooks’ bad ruling.
The A.G. argues that Judge Brooks should not have blocked all of the law — just the provisions that the tech giants had standing to challenge.
The A.G.’s team highlighted a section of the law that protects people’s private data online as one example of a provision that the court did not have the authority to block.
In response, the tech giants suing to block the law filed a motion opposing A.G. Griffin’s request to change the judge’s ruling.
Last week Attorney General Griffin’s team fired back in court, arguing the 2023 ruling was too broad.
While the legal tug-of-war continues at the federal court in Arkansas, the Attorney General’s team also has appealed to the higher court at the Eighth Circuit to overturn Judge Brooks’ decision.
As we have said for years, social media platforms are more than just websites or phone apps. These are multimillion-dollar businesses owned and operated by adults. The people who own and profit from these companies have a responsibility to protect children on their platforms. At the very least, they should not be able to register children as users and let those children post photos and videos on their platforms without parental consent.
Family Council is not aware of any attorney general in America who is doing more to hold social media companies accountable and protect children online than Arkansas Attorney General Tim Griffin. We appreciate his willingness to stand against these tech giants, and we are confident our federal courts ultimately will let Arkansas protect children on social media.
Articles appearing on this website are written with the aid of Family Council’s researchers and writers.