Federal Court Again Halts Arkansas Social Media Law, Raising Questions Beyond the State

A federal judge has once again blocked Arkansas efforts to regulate social media, handing NetChoice another legal victory and pausing the state’s latest attempt to shape how children use online platforms. The ruling temporarily halts Act 901 of 2025, a law that would have expanded parents’ ability to sue social media companies and imposed new limits on how those platforms operate in Arkansas.

The decision marks the second major setback for state lawmakers in recent years, as courts continue to closely examine whether such measures comply with the Constitution. It also carries broader implications, adding to a growing national debate over how far states can go in regulating social media and signaling how similar laws elsewhere may be evaluated.

What the New Ruling Says

In a 33 page order, U.S. District Judge Timothy Brooks concluded that Act 901’s restrictions on what the law describes as “addictive” algorithms are likely unconstitutional. He wrote that banning algorithms used to organize content would place a significant burden on users’ First Amendment rights.

“If a social media platform was a library, banning algorithms would be roughly equivalent to requiring books be placed on shelves at random,” Brooks wrote. “Such a prohibition would burden users’ (or library patrons’) First Amendment rights by making it significantly more difficult to access speech a user wishes to receive, so a state probably could not constitutionally ban algorithms for the organization of speech (on social media or elsewhere) altogether.”

The ruling temporarily blocks enforcement of Act 901 while the lawsuit continues.

A Relief for Social Media Companies

The Arkansas law had been a serious concern for social media companies, which feared that if it took effect in the state, similar measures could quickly spread elsewhere. Industry groups warned that such laws could open the door to a wave of lawsuits against social media platforms nationwide. The court’s decision therefore represents significant relief for both the companies involved and NetChoice, a nonprofit trade association representing internet and technology companies, including Facebook and Twitter.

NetChoice filed its lawsuit against the state of Arkansas in the U.S. District Court for the Western District of Arkansas, challenging Act 901 along with another law that amended a 2023 social media statute that was permanently blocked earlier this year. In July, the organization asked the court for a preliminary injunction to halt enforcement of Act 901 while the case moves forward. Judge Timothy Brooks, the same judge who struck down the earlier Social Media Safety Act, granted that request on Monday.

While the ruling was widely expected, supporters of the challenge say it could have lasting influence on future court cases involving similar laws in other states.

NetChoice said in a statement Tuesday that it is confident Act 901 will ultimately be struck down. Paul Taske, co-director of the NetChoice Litigation Center, called the ruling “a win for free speech.”

“It is also a signal to lawmakers across the country, including on Capitol Hill, that laws imposing liability on social media for displaying fully protected speech are unconstitutional,” Taske said. “To be successful, laws intended to protect Americans online must respect the First Amendment. Otherwise, they will not protect anyone.”

Ambitious Protections or Legal Overreach?

Arkansas’ social media legislation has drawn both praise and criticism from the start. For supporters, the laws address one of the most pressing modern concerns, the impact of social media on children. For critics, they represent an overreach that threatens fundamental freedoms, a cornerstone of the U.S. Constitution.

Two years ago, the Social Media Safety Act was introduced, requiring age verification for new social media accounts. The measure was a top priority for Gov. Sarah Huckabee Sanders during her first year in office and was set to become the first law of its kind in the nation.

NetChoice sued the state, prompting U.S. District Judge Timothy Brooks to issue a preliminary injunction roughly two weeks before the law was scheduled to take effect in 2023. By March, Judge Brooks permanently blocked the law, declaring it unconstitutional. Arkansas Attorney General Tim Griffin later filed a notice of appeal.

Just two days after that ruling, Arkansas lawmakers introduced two new bills aimed at expanding protections for children on social media. Both measures were sponsored by Republicans Sen. Tyler Dees of Siloam Springs and Rep. Jon Eubanks of Paris, the same legislators behind the 2023 law. Gov. Sanders signed both bills into law in April.

Acts 900 and 901, two new laws, were presented by state leaders as ambitious efforts to address social media-related harms affecting children, reflecting widespread public concern.

Act 900 amends the Social Media Safety Act, also known as Act 689 of 2023. Under this law, users under 18 can access social media only with parental permission. The amendments prohibit platforms from engaging in practices designed “to evoke any addiction or compulsive behaviors” in minors and redefine a minor as anyone 16 years old or younger.

Act 901 focuses on liability, permitting parents to take legal action against social media companies if content on their platforms contributes to eating disorders, suicide or attempted suicide, or addictive use among children. The law has drawn sharp criticism as an overreach of legal authority. NetChoice contends that Act 901 infringes on First Amendment rights and is overridden by the federal Communications Decency Act, which shields online platforms from being held accountable for content produced by their users.

Free Speech Concerns and State Response

NetChoice Associate Director of Litigation Paul Taske said in a press release earlier this year that the laws “violate the free speech rights of Arkansans and waste taxpayer dollars on unconstitutional censorship.”

“Politicians cannot control what protected speech you see, say, or share online, according to the Supreme Court itself,” Taske added. “We are again suing the government of Arkansas to stop it. Parents, not bureaucrats, should control how their children engage online.”

The lawsuit also points out that parents already have multiple tools to limit their children’s access to online services. According to the complaint, platforms such as Facebook and YouTube offer parental controls and enforce policies that prohibit harmful content.

Arkansas officials, however, defend the laws as necessary safeguards. Jeff LeMaster, a spokesperson for Attorney General Tim Griffin, said the state is disappointed by the ruling.

“We are disappointed by the ruling and will continue to vigorously defend Act 901,” LeMaster said.

Broader Implications

The verdict has drawn both support and criticism, signaling that drafting social media regulations is a complex challenge for lawmakers. Its impact may also influence other states considering similar laws.

Arkansas is not alone in facing legal challenges over social media rules. States including Florida, Georgia, and Ohio have seen comparable legislation contested in court.

The outcome serves as a cautionary sign for states attempting similar measures. Lawmakers and attorneys must carefully navigate the intersection of social media regulations and First Amendment protections to ensure such laws can withstand legal scrutiny.