‘Utah will continue to lead the fight’ to protect children from social media harms, says Gov. Cox

Utah cannot enforce its first-of-its kind social media law. Lawmakers and elected officials are figuring out their next steps, but say they remain committed to protecting children from the harms they experience from social media.

After passing the law, NetChoice, a tech trade association, sued Utah. Litigation is not over — Chief Justice Robert Shelby did grant a request from NetChoice to block the law from going into effect. He issued the order Tuesday. It is expected litigation will continue as the ultimate constitutionality of the law is considered by the court.

“The court recognizes the State’s earnest desire to protect young people from the novel challenges associated with social media use,” said Judge Shelby. “But owing to the First Amendment’s paramount place in our democratic system, even well-intentioned legislation that regulates speech based on content must satisfy a tremendously high level of constitutional scrutiny.”

In response, Utah Gov. Spencer Cox and Utah Attorney General Sean Reyes issued statements about the ruling.

“Although I am disappointed in the court’s decision regarding the Utah Minor Protection in Social Media Act, we always knew that this could be a long battle,” said Cox in a social media post. “And it is a battle worth waging, as the harm social media is causing our children continues.”

“Let’s be clear: social media companies could voluntarily, at this very moment, do everything that law put in place to protect our children. But they refuse to do so. Instead, they continue to prioritize their profits over our children’s wellbeing. This must stop, and Utah will continue to lead the fight,” said Cox.

“We’re disappointed in the district court’s decision preliminarily enjoining Utah’s Minor Protection in Social Media Act,” Reyes said. “The AG’s office is analyzing the ruling to determine next steps. We remain committed to protecting Utah’s youth from social media’s harmful effects.”

Rep. Jordan Teuscher, R-South Jordan, one of the lawmakers most involved in Utah’s landmark social media law, said he feels confident the law will be found constitutional.

“We will continue to defend the law and ultimately we may need to fight all the way to the Supreme Court,” said Teuscher. “We feel strongly that Utah’s efforts to safeguard our youth from the harms of social media will ultimately be upheld.”

Teuscher said they are always open to refining the law, but their priority is defending the law.

“Right now, our priority is defending the law and the other lawsuits the state has filed against these social media companies, educating the public on the harms of social media use by kids, and ensuring that the protections in HB464 go into effect as planned,” said Teuscher, explaining they would explore all legal avenues to protect children.

“I understand that some Utah parents are disappoint by the ruling, and I want them to know that we share their frustration but are not backing down,” he said. “Our goal is to hold social media companies accountable and to provide parents with the tools they need to protect their kids. We will keep fighting to ensure that these safeguards are fully realized and that our children’s well-being remains our top priority.”

Utah’s campaign to protect children from social media harms

Under the Cox administration, protecting children from the mental and emotional health harms of social media has been a priority.

The landmark social media law that is being challenged would require social media companies to verify the ages of users and enable the maximum protection settings on their accounts. Also in Utah code is a requirement to disable features like autoplay, perpetual scrolling and push notifications. Social media companies would be prevented from collecting and selling data of Utah children without permission from a parent or guardian.

Utah lawmakers also passed a law to give children and their parents or guardians a right to action to hold social media companies liable for harms caused by the algorithm. The law also establishes a defense for social media companies if they meet certain criteria like obtaining parental consent for children to use the platform and they remove perpetual scrolling and autoplay.

Reyes, as attorney general, has also filed lawsuits against TikTok and Meta alleging the companies knowingly cause harm to Utah children.

The state has also launched an educational campaign aimed at informing Utahns about the “growing concern for children and teens using social media.”