Oct. 15, 2026Updated Oct. 16, 2026, 11:58 a.m. ETA federal appeals court upheld a Florida law that bars children under 14 from having social media accounts.The law also requires parental permission for 14- and 15-year-olds to create social media accounts.Tech industry groups challenged the law, arguing it violates First Amendment rights, but the court ruled it likely constitutional.A federal appeals court ruled Oct. 14 that Florida’s 2024 law barring children under 14 from having social media accounts is likely constitutional, overturning a lower court’s preliminary injunction against the law. The restriction is one of the toughest in the country.“Yes, (the law) implicates the First Amendment and thus triggers constitutional scrutiny,” the opinion of the unanimous three-judge panel states. “But it likely does so in a content-neutral manner, and it likely survives intermediate scrutiny because it doesn’t burden substantially more speech than necessary to advance the important interest in protecting minors from social-media addiction.”NetChoice, one of the two tech groups that challenged the law, is considering its next move, according to a statement from the group’s director of litigation, Paul Taske.”We are disappointed in the Eleventh Circuit’s ruling, which allows Florida to enforce its law imposing digital ID requirements as a condition for accessing lawful speech,” Taske said in a released statement. “We are currently evaluating all of our options as we continue the fight to ensure Floridians’ rights to free expression online are protected, and parents remain in the driver’s seat when it comes to making decisions for their families.”“While this decision may seem like it’s entirely about minors on social media, the implications are much broader,” said Kate Ruane of the Center for Democracy & Technology (CDT), in an emailed statement. “If the decision stands, it will be easier for the government to restrict a group’s access to entire speech venues like libraries, bookstores, video games, and social media than it will be for them to restrict speech on particular topics.”In a state like Florida, which has been banning books the government dislikes in schools left and right, this decision gives the state a blueprint to expand those efforts to censor young people online and off.”NetChoice represents Snapchat, Reddit, YouTube, Pinterest, Google, Meta sites such as Facebook and Instagram, and others. The other challenger, Computer & Communications Industry Association (CCIA), also represents Facebook and Instagram, Google, Pinterest, among others.”Big win for Florida’s kids,” Florida Attorney General James Uthmeier posted on X. “The Eleventh Circuit just upheld HB 3 as constitutional, confirming that we can protect minors from the addictive design features of social media.”The bipartisan law allows 14- and 15-year-olds to have social media accounts, but only with parental permission. It targets social media platforms with “addictive features” such as “unlimited scrolling” and algorithms designed to keep users’ attention on their screens.Another part of the law requires websites with “materials harmful to minors” visible to Floridians to use age verification systems.A lower court blocked the law after it took effect on Jan. 1, 2025, but a federal appeals court allowed the state to start enforcing it in November while its appeal was considered.Other states such as Ohio, Arkansas, Utah, and California have attempted to limit social media access for minors, but nearly all of them have been blocked or delayed due to lawsuits challenging them for constitutionality and First Amendment violations.Here’s what teens, parents, and guardians need to know moving forward.Does Florida ban social media for teenagers?Under HB 3, Online Protections for Minors:No child under 14 years of age in Florida may create or possess an account on a social media platform, as defined in the lawSocial media platforms are required to terminate any accounts held by someone under 14 years old, with a 90-day appeal periodParental permission is required for social media accounts for minors 14 or 15 years of ageSocial media platforms must use third-party age verification methods on new accountsMinors younger than 14, or their parent or guardian, may request account termination, to be performed within 10 business daysThe bill also specifies that personal information used in age verification may not be stored. Social media platforms could face civil penalties up to $50,000 per violation.In a separate section, the bill requires any website with “materials harmful to minors,” such as sexual content, that is visible in Florida to age verification to prevent access by anyone under 18 years old.Is Pornhub blocked in Florida? Adult site shuts down in states that require age verificationWill the Florida social media ban for children affect Facebook? X? Instagram? Threads? TikTok?The legislators refused to list specific sites during discussions of the bill.Practically every online site or service requires users to create an account, and most of them have some sort of social aspect to them. According to the bill, social media platforms affected by this bill would be any online forum where:Users can upload content or view the content or activity of other users10% or more of the daily active users who are younger than 16 spend an average of two hours a day or longerThe site uses algorithms to analyze user data or user information and select what users will see, to keep them on the site longerAny of the following “addictive features” are used:Infinite scrolling (content that continuously loads without the need to move to refresh or move to a new pagePush notifications or alerts about specific activities or events related to the userDisplays of user likes, shares, or repost metricsVideo that plays without users clicking on itLivestreamingThat description would seem to include sites such as Facebook, Instagram, Threads, TikTok, and X.Sites that are used exclusively for email or direct messaging limited to sender and recipients are not considered social media for the purposes of the bill.I’m under 16. Will my social media account be deleted?If the social media site has reason to believe you are younger than 14 and have an account, they will be required to terminate it and delete all personal information. You’ll have 90 days to dispute it.If you are 14 or 15, your account will be terminated unless your parent or guardian provides consent. You have 90 days to challenge the termination.What are the penalties for social media services that don’t comply with the Florida social media law?”Knowingly or recklessly” violating the law: Up to $50,000 in civil damages per violation, plus attorney fees and court costs. Punitive damages may be levied for persistent violations.Failure to terminate an account after being requested to do so by the minor or a parent or guardian: Up to $10,000 in damages plus attorney fees and court costs.Adult sites that do not use an age verification method: Up to $50,000 per violation, plus attorney fees and court costs. If the age verification service itself violates the law, it may also be fined up to $50,000 per violation.Adult sites that fail to prevent a minor from gaining access: Up to $10,000 plus attorney fees and court costs.Florida targeting sites that target kidsSince taking office, Attorney General James Uthmeier has made a point of going after popular websites that he says fail to protect children from predators.Oct. 24, 2023: Florida, under then-Attorney General Ashley Moody, sued Meta, parent of Facebook, Instagram, and Threads, alleging the social media giant knowingly designed features addictive to children and assured the public they were safe and suitable for young users despite evidence to the contrary. Many other states did the same.April 21, 2025: Florida sued SnapChat, accusing the platform of marketing addictive design features directly to children. The lawsuit also noted that SnapChat’s disappearing-message feature was a boon to predators, and the app’s age verification was too weak to comply with Florida law.Sept. 15, 2025: Florida sued multiple websites that distributed “pornographic video game content,” alleging they were not complying with state law on age verification.Oct. 14, 2025:Florida sued Roku, accusing the giant streaming platform of willfully collecting and selling sensitive personal information of children in violation of state lawDec. 11, 2025:Florida sued Roblox, saying in a 76-page lawsuit that the popular gaming platform’s lack of age verification makes it easy for adult predators to pose as children and groom minors, sometimes using Roblox’s own virtual currency to bribe minors into sending explicit images. The lawsuit noted that minors were able to see user-generated games featuring explicit content and virtual strip clubs.June 1, 2026:Florida sued OpenAI and CEO Sam Altman, alleging the company marketed ChatGPT aggressively to children, facilitated dangerous behavior, including self-harm and violence, and collected data from minors without meaningful parental consent.June 16, 2026: Florida sued TikTok, alleging that the platform’s business model depends on addicting kids.Sept. 9, 2026: Florida sued Netflix, accusing the streaming giant of monitoring children’s activity without their parents’ knowledge.Oct. 7, 2026: After refusing Meta’s nearly $17 billion multistate settlement (one of only three states to do so), Uthmeier filed a motion for a temporary injunction against Meta, demanding that the company turn off “the features that addict teenagers and to leave Florida kids alone when they’re in school or sleeping.”Oct. 15, 2026: Florida sued Discord, alleging that the messaging and gaming platform doesn’t do enough to protect minors from sexual predators.Contributing: Emmy Bailey, The Palm Beach PostC. A. Bridges is a journalist for the USA TODAY Network-Florida’s service journalism Connect team. You can get all of Florida’s best content directly in your inbox each weekday by signing up for the free newsletter, Florida TODAY.(This story was updated to correct an attribution.)
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