TALLAHASSEE, Fla. (CN) - Two social media industry groups will continue their legal fight against a Florida law restricting minors' access to certain platforms after a federal judge dismissed a previous lawsuit.

The dispute stems from a bill signed by Republican Governor Ron DeSantis last March that bans social media accounts for children under 14 and requires parental permission for those 14 to 15 years old.

The law was one of the biggest priorities of the 2024 legislative session and received support from Republicans and Democrats alike.

In October, NetChoice and the Computer and Communications Industry Association filed a lawsuit alleging violations of the First Amendment, contending parents should have the freedom to restrict their children's internet use. The groups, whose members include Facebook and Google, also expressed dismay at the broad language of the bill that disregards privacy rights.

The law does not mention specific platforms but provides four criteria to determine if the regulations apply, including uploading capabilities, algorithms that analyze user data, proof that at least 10% of users are minors using the platform more than two hours a day and having at least one "addictive feature." These criteria would almost certainly apply to the most popular social media platforms such as Snapchat, Facebook, and YouTube, the industry groups argue.

The law was due to take effect on Jan. 1, but former Florida Attorney General Ashley Moody agreed to halt enforcement of the law until Chief U.S. District Judge Mark Walker of the U.S. District Court for the Northern District of Florida decided on an injunction requested by the industry groups.

Last week, Walker threw out the case, ruling that the groups did not have standing to file the lawsuit.

"Because this law does not regulate social media platforms generally, but instead limits its coverage to those platforms that meet each of four specific criteria, this court cannot reasonably infer that any particular platform is likely covered by the law without some factual allegations regarding each of those criteria," wrote Walker, a Barack Obama appointee.

In the six-page order, Walker said the industry groups must "plead sufficient facts for this court to reasonably infer that at least one identifiable member of theirs likely meets the four coverage criteria."

"This court recognizes that, to a lay observer, it may seem counterintuitive or even absurd to conclude that there is no case or controversy between the plaintiffs here - two trade associations representing, among others, several major social media companies - and the attorney general of Florida, who is charged with enforcing a law that regulates some social media companies," Walker wrote but added that higher courts have "developed a rigorous, fact-intensive test for standing that this court must faithfully apply."  

Walker will allow the groups to re-file the lawsuit to address standing concerns before March 31. NetChoice and the Computer and Communications Industry Association said they intend to do just that.

"NetChoice is disappointed in this ruling from the court, and we will consider all available legal options to ensure Florida's unconstitutional, harmful ID for the internet is ultimately halted," said Paul Taske, NetChoice's associate director of litigation, in a statement. "Blocking access to free, lawful speech will not make a single Floridian safer online. Instead, it will put their security online at serious risk of breach - especially for minors. We will continue to fight to keep online communication safe and free in Florida and ensure that families are fully protected by meaningful and legal - not unconstitutional - laws."

The industry groups are represented by Douglas Kilby of Stearns Weaver Miller Weissler Alhadeff & Sitterson in Tallahassee. The groups have also retained counsel from the Virginia-based Clement & Murphy firm.

The Republican-led Florida Legislature may not be finished with regulating social media platforms. A bill moving through the state House this year would put even more restrictions on minors' use of platforms, including banning those younger than 14 from accessing messages that disappear after a certain period of time - a key feature of Snapchat - and allowing parents and law enforcement to view messages of any minor account holder.

Source: Courthouse News Service