NetChoice v. Griffin
NetChoice v. Griffin is a federal court case challenging an Arkansas law that would force social media platforms to verify users’ ages and require parental consent before minors could create accounts. The law was promoted as a way to protect children online, but in practice, it would have required people to hand over sensitive personal information just to speak, read, or connect online. A trade association representing online platforms, NetChoice, sued Arkansas Attorney General Tim Griffin, arguing that the law violates the First Amendment.
At the heart of the case is free expression. The First Amendment protects not only the right to speak, but also the right to access information and ideas. The Arkansas law would have made anonymous speech nearly impossible and would have discouraged people of all ages from engaging online out of fear that their identity or personal data could be exposed. Courts have long recognized that barriers like mandatory ID checks chill speech, and people simply stop talking, reading, or participating when the cost becomes too high. In this case, handing over their personal information.
The court agreed that the law raised serious constitutional concerns and blocked it from taking effect. It recognized that the government cannot restrict speech or access to information simply by claiming to protect minors, especially when those restrictions also burden adults’ rights. Importantly, the ruling reaffirmed that the internet is a vital space for expression, education, and community and that sweeping regulations can do real harm.
The Woodhull Freedom Foundation supports NetChoice in this case and joined our allies from the ACLU, ACLU Arkansas, and Electronic Frontier Foundation in filing an amicus brief in the case, because sexual freedom, bodily autonomy, and human dignity all depend on the right to speak, learn, and explore ideas without surveillance or censorship. Laws like Arkansas’s don’t just limit social media; they threaten privacy, silence marginalized voices, and undermine the fundamental human right to free expression. Protecting the First Amendment online protects all of us.