Orlando, FL: Governor Ron DeSantis signed HB3 into law. This bill is a dramatic ban on social media access for minors, setting restrictions that are likely unconstitutional. Here is Rep. Eskamani’s statement in response:
HB3’s sweeping prohibition of youth from social media runs contrary to a Supreme Court precedent and tells Florida families how to parent. The Court has found that statutes restricting constitutionally protected speech will fail if “less restrictive alternatives would be at least as effective in achieving the legitimate purpose that the statute was enacted to serve.’” Ashcroft v. Am. C.L. Union, 542 U.S. 656, 665 (2004). The Court in Ashcroft affirmed the injunction of a law remarkably similar to this law, noting that the “purpose of the test is to ensure that speech is restricted no further than necessary to achieve the goal, for it is important to ensure that legitimate speech is not chilled or punished.” Though I agree more needs to be done in protecting our youth on social media, this bill goes too far in taking away parents’ rights and banning social media usage — and thus First Amendment Rights — for young Floridians. Instead of banning social media access, it would be better to ensure improved parental oversight tools, improved access to data to stop bad actors, alongside major investments in Florida’s mental health systems and programs.