Florida Escalates Enforcement of Child Safety Law Against Big Tech

On Monday, April 21, 2025, Florida Attorney General James Uthmeier filed a lawsuit in Santa Rosa County Circuit Court against Snap Inc., the operator of Snapchat, alleging the platform is in violation of Florida’s 2024 social media law designed to protect children from online harms.

This lawsuit is the first major state-level enforcement action under the law, coming just weeks after a federal judge declined to block the statute in response to legal challenges from tech industry groups. According to the Attorney General’s office, this may only be the beginning—further investigations and lawsuits against other platforms are reportedly under way.

The Law in Question: Florida’s 2024 Social Media Protection Act

Passed in March 2024, the Florida Social Media Protection Act (FSMPA) is one of the most aggressive legislative efforts in the U.S. to limit access to social media for minors. Key provisions of the law include:

• Prohibiting platforms from allowing minors under 14 to create accounts, regardless of parental consent
• Requiring age verification for all users through third-party identity services
• Mandating default privacy settings and restricting algorithmic content delivery to minors
• Allowing parents to request data deletion or account deactivation on behalf of their children

The law applies to platforms that use addictive design features, such as infinite scrolling, algorithmic feeds, or gamified reward systems, which are commonly used by social media companies to maximize user engagement.

The Lawsuit: Snapchat Accused of Non-Compliance

In the lawsuit filed in Florida state court, Attorney General Uthmeier alleges that Snapchat has failed to implement key compliance mechanisms, including:

• Insufficient age verification protocols that allow underage users to easily circumvent restrictions
• Continued use of algorithmic content targeting that allegedly exploits behavioral psychology to keep minors engaged
• Lack of meaningful parental control tools or opt-out options for parents seeking to limit their child’s exposure

The complaint asserts that Snapchat’s design features and business model are “fundamentally incompatible” with Florida’s law, and that the company’s ongoing failure to comply with the FSMPA represents a deceptive and unfair trade practice under state law.

The lawsuit seeks injunctive relief, civil penalties, and an order compelling compliance with the FSMPA. It does not yet specify a dollar amount for damages but emphasizes the urgent need to protect children’s well-being in the digital age.

Snapchat’s Potential Defense: First Amendment and Federal Preemption

Though Snap Inc. has not yet filed a formal legal response, the company is expected to challenge the lawsuit on constitutional and federal preemption grounds.

The anticipated defense will likely include:

• First Amendment arguments, asserting that the law amounts to unconstitutional censorship by limiting minors’ access to speech and expression
• Claims that Florida’s law is preempted by federal law, particularly the Children’s Online Privacy Protection Act (COPPA) and Section 230 of the Communications Decency Act, which governs platform liability
• A challenge to the law’s age verification requirement as overly burdensome and invasive to user privacy

These are the same legal theories advanced by industry groups like NetChoice and TechFreedom, which previously sought to enjoin enforcement of the law in federal court but were denied a preliminary injunction last month.

Legal and Industry Context: A National Battle Over Online Youth Safety

Florida’s social media law and the Snapchat lawsuit are part of a growing national trend toward state-led regulation of tech platforms amid rising public concerns about youth mental health, online addiction, and cyberbullying.

Several other states, including Utah, Arkansas, Texas, and Louisiana, have passed or proposed similar legislation, many of which are also facing lawsuits or awaiting judicial review. Industry opponents argue these laws violate constitutional rights and disrupt the national regulatory framework, while advocates claim that Big Tech has failed to self-regulate, justifying state intervention.

Florida’s Enforcement Strategy: More Lawsuits to Come

In a related filing submitted to federal court on the same day, attorneys for the state of Florida stated that Attorney General Uthmeier “expects that additional investigations and enforcement actions will commence soon.” This statement signals a broad enforcement agenda aimed at multiple platforms, not just Snapchat.

While some legal scholars argue that enforcement may be delayed or blocked through federal litigation, others believe that state attorneys general now view social media regulation as a political and legal imperative, especially in conservative states where parental rights and online safety are major campaign issues.

Conclusion: A Legal Crossroads for Social Media and State Power

Florida’s lawsuit against Snapchat marks a significant legal and cultural moment in the ongoing battle over tech accountability and youth protection. If successful, the suit could pave the way for more aggressive state-level regulation, fundamentally reshaping how social media platforms operate for young users.

However, if the courts find that such regulations violate the First Amendment or are preempted by federal law, it may set a precedent that curtails state power in the digital policy space. Either way, the case promises to be a closely watched legal fight that could shape the future of children’s digital rights, platform responsibility, and state-level tech regulation across the United States.