Florida child safety suit against Meta moves forward

A state appeals court rejected the social media giant’s request to throw out the case on First Amendment grounds.ST. PETERSBURG, Fla. (CN) — Meta must face a lawsuit brought by Florida’s attorney general over child safety concerns, a state appeals court ruled Wednesday.In its 19-page decision, a three-judge panel of the Second District Court of Appeal declined to dismiss the case and upheld a lower court’s order, arguing Meta has not yet proved violations of the First Amendment.“The challenged order does not come close to infringing on Meta’s First Amendment rights,” wrote Judge Andrea Teves Smith. “The order did not alter the status quo—it did not place any new restrictions on Meta, it did not grant the attorney general’s request for temporary or permanent injunctive relief regarding Meta’s operations, it did not limit Meta’s speech or expression in any way, nor did it compel Meta to do anything.”“In fact, none of Meta’s First Amendment rights have been altered,” continued Smith, a Rick Scott appointee. “Accordingly, we are unpersuaded by the authorities upon which Meta rests its First Amendment argument to support certiorari in this case.”Judges Suzanne Labrit, a Ron DeSantis appointee, and Robert Morris, a Charlie Crist appointee, concurred.Florida first filed suit against Meta in 2024, claiming the social media giant misled parents about the dangers of its social media platforms in violation of the state’s Deceptive and Unfair Trade Practices Act.In August, Meta agreed to a landmark settlement with 47 states and Washington, D.C., over claims the company purposely made its apps addictive to children. As part of the settlement, in which the company could pay up to $17.1 billion in civil penalties, Meta agreed to time caps, limits on notifications and restrictions on access between midnight and 6 a.m.Florida, however, did not join the settlement. Last month, Florida Attorney General James Uthmeier renewed demands that Meta mitigate social media’s harm to children with a motion for a temporary injunction limiting minors’ access to Facebook and Instagram. The Republican attorney general chastised Meta for not acting fast enough to remove its youngest Florida users and eliminate certain “addictive features” such as “like counts.” Uthmeier also wants the company to limit teens’ screen time on its apps to two hours, end late-night notifications and prevent “infinite scrolling.”A Pasco County Circuit Court judge declined to issue the injunction and let the case proceed. Meta responded with a writ of certiorari to the state appellate court, arguing free speech violations and asking for immunity under Section 230 of the Communications Decency Act that limits online platforms from liability for third-party content.In Wednesday’s ruling, the appellate judges rejected those claims.“This type of limited statutory immunity is not absolute immunity from involvement in any type of lawsuit, such that, here, Meta would suffer irreparable harm merely by litigating the matter,” Smith wrote.In a post on X, Uthmeier celebrated the decision.“Unlike other states, Florida isn’t going to sell out,” he wrote. “We will hold Meta accountable for its design features that target and addict our kids.”A Meta spokesperson did not immediately respond to a request for comment, but in the past, the company has pointed to new parental supervision controls and time limits for teens.Florida’s attorney general has focused heavily on social media companies’ effects on children, including defending the 2024 state law banning social media accounts for children under 14. In April, Uthmeier filed a lawsuit against Snapchat over violations of that law. Two months later, the attorney general sued TikTok. Last year, he went after Roblox for insufficient age verification controls to prevent children from accessing adult content while also allowing adults to contact minors.Subscribe to our free newslettersOur weekly newsletter Closing Arguments offers the latest about ongoing trials, major litigation and rulings in courthouses around the U.S. and the world, while the monthly Under the Lights dishes the legal dirt from Hollywood, sports, Big Tech and the arts.Additional Reads