SALT LAKE CITY — Utah’s Republican legislative leaders took aim at social media companies on the opening day of the state’s 2024 legislative session, vowing to strengthen laws they passed last year to require parental consent for children to access social -media apps.
The two laws, signed into law last March by Republican Governor Spencer Cox, have been hit by multiple lawsuits challenging their constitutionality. They require age verification for anyone in the state who wants to create a social media account, which critics say could compromise users’ data security. The laws also impose a statewide social media curfew, banning minors from using the apps between 10:30 p.m. and 6:30 a.m. unless with parental permission, and give parents access to their children’s accounts.
With both bills set to take effect March 1, Republicans say they are prioritizing revisions during their annual 45-day work session to ensure they hold up in court.
In his opening remarks Tuesday, Republican Senate President Stuart Adams reaffirmed his support for protecting children and teens from targeted ads and online content that could affect their well-being.
“We will continue to lead the nation in protecting children from social media, and we will hold social media companies accountable for the harm they do to our young people,” Adams said. “We will stand up for our children and proudly fight any lawsuit.”
A new federal lawsuit filed this week builds on challenges filed last month by NetChoice — a trade group that represents major social media companies like TikTok, Meta and all social media users in the state, and not just minors, to share a plethora of personal data to confirm their age and identity.
The Foundation for Individual Rights and Expression, a nonprofit civil liberties organization, is now focusing on how laws can restrict freedom of expression and access to information. The plaintiffs in their lawsuit include an LGBTQ+ high school student, a mental health content creator and two lawyers who escaped a polygamous community. They warn that the laws will disproportionately impact Utah’s most vulnerable youth, cutting them off from support and educational resources that could be lifesaving.
Among them is Lu Ann Cooper, co-founder of the organization Hope After Polygamy, who grew up in a polygamous family in Utah and said she was forced to marry her cousin at age 15. Since she escaped, she has used social media to help girls in similar situations.
For Hannah Zoulek, a high school student from Utah who identifies as queer, the laws can limit her ability to connect with her community online. She fears they could also endanger closeted LGBTQ+ youth by removing the option of anonymity and giving their parents access to their accounts.
“Growing up isn’t easy, and the government making it harder to talk to people who have similar experiences to me just makes it even harder,” Zoulek said.
The laws also create new opportunities for parents to sue social media companies for harming their children. The burden of proof now lies with those companies to demonstrate that their products do not hurt children.
Any social media platform with at least 5 million users is subject to the new regulations, and companies that don’t comply face hefty fines.
Cox and Republican legislative leaders said they are not afraid of the legal challenges and pointed to studies showing how social media can harm young people’s mental health. But while Attorney General Sean Reyes’ office fends off the legal challenges in court, lawmakers are busy drafting replacement language that Sen. Kirk Cullimore says would address the free speech issues raised in the complaints must eliminate.
In the meantime, the Sandy Republican has introduced a bill that would delay the enactment of the social media laws, moving the date from March 1 to October 1 to give lawmakers more time to make changes. NetChoice has asked a federal judge to block the laws from taking effect while the cases move through the court system.
Federal judges have temporarily blocked Arkansas and Ohio from enforcing their state laws that require parental consent for minors to create new social media accounts.
The attorney general’s office said Tuesday it is still reviewing the new lawsuit and has no comment at this time.