United States of America: NetChoice filed lawsuit alleging unconstitutionality of Social Media Safety Act amendment (Act 900/SB 611) and Act regulating harmful social media design features (Act 901/SB 612)

On 27 June 2025, NetChoice, a trade association representing online platforms, filed a lawsuit against the Attorney General in the United States District Court for the Eastern District of Arkansas. The lawsuit challenges two recently adopted Arkansas laws, the Social Media Safety Act amendment (Act 900/SB 611) and the Act regulating harmful social media design features (Act 901/SB 612), both approved on 21 April 2025. Act 900 redefines “minors” as individuals under 16 years of age and imposes obligations on platforms, including age verification, parental dashboards, notification restrictions, and penalties of up to USD 10’000 per violation. Act 901 creates a private right of action against social media platforms that use designs, algorithms, or features causing minors to purchase controlled substances, develop eating disorders, attempt or commit suicide, or develop addiction, and imposes civil penalties of up to USD 10’000 per violation where platforms knowingly and wilfully contribute to a minor’s suicide or attempted suicide. NetChoice argues that both Acts infringe the First Amendment by restricting and compelling speech, creating unconstitutional prior restraints, and are unconstitutionally vague under the Fourteenth Amendment. The complaint also claims that the Acts violate the Dormant Commerce Clause by attempting to regulate activities beyond Arkansas’s borders. The case seeks declaratory and injunctive relief to prevent enforcement, and proceedings in the District Court will determine whether enforcement of Acts 900 and 901 is suspended while the case is pending.