NetChoice, an Internet trade association, challenged the law on First Amendment and vagueness grounds, arguing that its provisions regarding addictive practices, default settings, and parental dashboards were unconstitutional.
The court granted the motion, finding that NetChoice was likely to succeed on the merits of its constitutional challenges before the law’s April 21, 2026 effective date.
Act 900 modifies and supplements the previously enjoined Act 689 of 2023. While Act 689 required age verification and parental consent for users under 18, Act 900 lowers the age of majority to 16 and adds new operational requirements for platforms.
The law prohibits platforms from engaging in practices that evoke addiction or compulsive behaviors in Arkansas minors. It also mandates specific default settings for notifications and privacy, and requires an online dashboard for parental supervision.
The court held that the addictive practices provision was void for vagueness because it failed to specify a standard of conduct and imposed strict liability based on a single user’s response.
The court also found the notification and privacy default provisions likely violated the First Amendment. It reasoned that the notification ban applied to all Arkansas users, including non-account holders, and was underinclusive because parents could already restrict device access.
Regarding the privacy default, the court noted that because minors could change the settings, the provision failed to serve the state’s interest in protecting children from exploitation.
The dashboard provision was also enjoined. The court found it unduly burdensome because it required platforms to track minor website visitors, identify their parents, and enforce restrictions across devices.
The injunction prevents Defendants, including Attorney General Tim Griffin, from enforcing Act 900 against NetChoice’s members pending final disposition of the case.