Arkansas Social Media Safety Act (SB 396)

BadDefeatedArkansas SB 396 (Act 689)Arkansas, United StatesHigh threat
Permanently enjoined March 2025; state appeal pending

Arkansas's social media age-verification law, struck down in full as unconstitutional. The state came back with a rewrite.

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What it does

The Social Media Safety Act made social media companies verify the age of every user and get parental consent for minors. A federal court held it violated the First Amendment in every application and permanently blocked it.

What’s at stake

This is the clearest court win against age verification so far: struck down for all users, not just narrowed. It shows these laws can be beaten in court, and other challenges cite it.

Our take

A rare clean loss for the age-checking crowd. A federal judge threw the law out entirely on free-speech grounds. Arkansas did not give up, though, and passed a rewritten version now facing the same fight, so this moved to round two.

Votes

  • House — Final passage (82 to 10) · April 5, 2023
  • Senate — Final passage (21 to 3) · April 6, 2023

Legal challenges

NetChoice v. Griffin

Permanent injunction entered March 31, 2025. Arkansas appealed; the Eighth Circuit appeal is pending. A permanent injunction is not the same as an appeal-proof final outcome.