A federal appeals court has bolstered Florida's legislation restricting minors' access to social media, delivering a decision that tightens regulations for children and teenagers living in the state, including those from Cuban and Cuban-American families.
The Eleventh Circuit Court of Appeals rendered its decision in Case No. 25-11881 — Computer & Communications Industry Association and NetChoice v. James Uthmeier — overturning the injunction that temporarily halted the enforcement of the HB3 law. This law, known as the Florida Online Protections for Minors Act and codified in section 501.1736 of Florida statutes, was found by the panel of three judges—Newsom, Luck, and Tjoflat—to likely withstand First Amendment scrutiny as it is a content-neutral regulation that meets intermediate scrutiny.
While this ruling doesn't completely resolve the litigation, the case has been sent back to the district court to further develop the record, following the standard set by the Supreme Court in Moody v. NetChoice, LLC (2024).
Specific Rules for Minors' Accounts
The recent ruling clarifies the specific rules governing minors' accounts on certain platforms. Platforms are prohibited from creating accounts for children under 14; those aged 14 or 15 require explicit parental or guardian consent to register. Users aged 16 and older face no restrictions under this law.
Not all platforms are subject to HB3. The law applies only to those meeting four specific criteria: allowing users to upload or view others' content; having at least 10% of active daily users under 16 who spend two or more hours per day on the platform; using algorithms to select content; and featuring at least one addictive function, such as infinite scroll, push notifications, interaction metrics, autoplay video, or live streaming. Services exclusively for email or direct messaging between specific senders and recipients are exempt from the law.
Implementation and Legal Challenges
The law has been in effect since November 2025, when the Eleventh Circuit initially lifted the injunction blocking it. The recent decision is a substantive ruling on the injunction's legality, not a temporary suspension. Florida enacted the law in March 2024, and it took effect on January 1, 2025.
Florida's central argument is that social media platforms incorporate mechanisms that "overstimulate the brain's reward center" and "promote compulsive use," leading to issues like sleep disturbances, attention problems, feelings of exclusion, and risks of depression, anxiety, and neuroticism. The court accepted protecting minors as a legitimate governmental interest, without establishing these claims as proven medical facts.
The tech industry has opposed the ruling. According to a statement from the Computer & Communications Industry Association (CCIA), its president and CEO, Matt Schruers, cautioned that the decision "grants the government considerable power to manage how citizens access information" and, in the name of curbing excessive use, "risks imposing identity verification on internet users of all ages in Florida."
This marks Florida's second attempt to limit minors' social media access; a previous effort was blocked by the Supreme Court and sent back to lower courts. The complete case file before the Eleventh Circuit details the arguments from both sides and the legal reasoning behind the ruling, which now returns to the district court to continue the broader challenge to the law.
Impact of Florida's Social Media Restrictions on Minors
What are the age restrictions under the Florida Online Protections for Minors Act?
The law prohibits platforms from opening accounts for children under 14. Those aged 14 or 15 require explicit parental consent, while users 16 and older face no restrictions.
Which platforms are affected by Florida's HB3 law?
Only platforms meeting specific criteria are affected: allowing content uploads or viewing, having significant daily use by minors, employing content algorithms, and possessing addictive features. Email and direct messaging services are excluded.
How has the tech industry responded to the court's decision?
The tech industry, represented by the CCIA, opposes the decision, arguing it grants excessive government control over information access and could lead to mandatory identity verification for all internet users in Florida.
