Florida
Florida takes aim at challenge to Social Media Law
TALLAHASSEE – Saying social media is “facing a reckoning,” Florida fired back Monday against a lawsuit challenging a new state law aimed at keeping children off social media platforms.
Attorney General Ashley Moody’s office filed two documents urging a federal judge to dismiss the lawsuit and to deny a preliminary injunction that social media industry groups are seeking to block the measure.
The law was one of the highest-profile issues of the 2024 legislative session, with lawmakers saying that addictive social media platforms harm children. But the Computer & Communications Industry Association and NetChoice, whose members include tech giants such as Google and Meta Platforms, filed the challenge in October, contending the law violates First Amendment rights and that parents should make decisions about children’s social media use.
The state’s filings Monday raised a series of arguments, including that the industry groups do not have legal standing to challenge the law (HB 3) and that the law’s restrictions do not violate speech rights.
“The statute regulates purely commercial activity – transacting with children while using harmful features to addict them,” the state’s attorneys wrote in opposing a preliminary injunction. “Minors have no First Amendment right to contract for products designed to addict them. HB 3 is also a reasonable, content-neutral time, place, and manner restriction. It regulates only the manner in which children engage with social media.”
But in the lawsuit, attorneys for the industry groups said Florida “cannot begin to show that its draconian access restrictions are necessary to advance any legitimate interest it may assert.”
“Parents already have a wealth of tools at their disposal to limit what online services their minor children use, what they can do on those services, and how often they can use them,” the lawsuit said. “Florida may wish that more Floridians shared its own views about whether minors should use ‘social media platforms.’ But while the state may take many steps to protect minors from harm, including by persuading parents to take advantage of tools to limit their minor children’s access to ‘social media platforms,’ it may not take matters into its own hands and restrict access itself.”
The law, which was spearheaded by then-House Speaker Paul Renner, R-Palm Coast, was scheduled to take effect Jan. 1. But Moody agreed in November to delay enforcement until Chief U.S. District Judge Mark Wilson rules on the injunction request. Walker has scheduled a Feb. 28 hearing.
The law, in part, seeks to prevent children under age 16 from opening social media accounts on certain platforms – though it would allow parents to give consent for 14- and 15-year-olds to have accounts. Children under 14 could not open accounts.
The law does not name social-media platforms that would be affected. But it includes a definition of such platforms, with criteria related to such things as algorithms, “addictive features” and allowing users to view the content or activities of other users.
The lawsuit repeatedly referred to sites such as YouTube and Facebook – while also saying the law would not apply to services such as Disney+.
“While the law purports to address ‘addictive features,’ it does not restrict access to all mediums that employ similar features to engage their audience,” attorneys for the industry groups wrote. “The law leaves services like Disney+, Hulu, and Roblox uncovered, even though many minors spend hours on those services each day, and even though they employ the same so-called ‘addictive features,’ like personalized algorithms, push notifications, and autoplay. The state’s only evident justification for restricting access to Facebook and YouTube while leaving many other mediums for speech untouched is the state’s apparent belief that the covered websites deliver content the state thinks is particularly harmful.”
The state’s motion to dismiss the case, however, argued the law does not trigger “heightened First Amendment scrutiny.”
“The law limits children from having accounts on platforms that traffic in addiction,” the motion said. “It leaves platforms free to present content to children and adults through non-addictive means and free to present material to children who do not hold accounts. That affects only a child’s ability to ‘enter’ certain online businesses – it does not in any way censor children on the internet.”
If social-media companies violate the law they could face penalties up to $50,000 per violation. The law also would open them to lawsuits filed on behalf of minors.
“Social media is facing a reckoning,” the state’s attorneys wrote in opposing a preliminary injunction. “Because of whistleblowers and leaked internal documents, the public has learned that social-media companies for years have deployed features to addict youth with full awareness of the destruction compulsive use has on children’s mental health.”
Meanwhile, a separate pending lawsuit challenges the constitutionality of another part of the law that requires age verification to try to prevent minors from having access to online pornographic sites. That lawsuit was filed by different plaintiffs.
Florida
Video shows man attack Florida deputies in snake-and-gator-infested canal, sheriff says
Body camera video shows a man fighting with Florida deputies who were trying to rescue him from a snake-and-alligator-infested canal, authorities said.
The incident happened July 3 when Flagler County Sheriff’s Office deputies found a man lying on the ground shirtless in front of an elementary school.
The man, 47-year-old Ryan McMinn, who had been then subject of a previous welfare check, fled on foot, the sheriff’s office said.
A short time later, authorities received a call about a man trying to climb on the side of a house in Palm Coast.
Deputies responded and found McMinn near the canal behind the house and when he spotted the deputies, McMinn ran into the canal and started swimming, authorities said.
“What’s your name?” a deputy asks him in the bodycam footage, as McMinn is seen swimming backwards. “You getting tired?”
Officials said McMinn was ordered to get out of the water multiple times but refused, and when he started to show signs of exhaustion, two deputies went into the canal to pull him out.
The video released by the sheriff’s office on Monday shows the deputies wading into the water before a struggle ensues.
Authorities said McMinn tried to grab one deputy’s head to push it under the water, before he tried to grab the neck of the other deputy.
The deputies were able to get control of McMinn and get him safely to shore.
He was hospitalized before he was arrested and booked into jail on two counts of battery on a law enforcement officer.
“Battering a Deputy Sheriff will guarantee you the loss of your freedom and a trip to jail,” Flagler Sheriff Rick Staly said. “These deputies went into the water to rescue this guy, and he responded by fighting them. I commend our deputies for their willingness to get in a canal that usually have snakes and gators and pull this guy to safety before he drowned.”
Florida
Heat alerts expand across Florida as dangerous temperatures return
The Sunshine State closed out the first month of meteorological summer with a mixed-bag of temperatures, as daily thunderstorm activity helped to keep some communities cooler while others reported one of their hottest Junes on record.
The contrasting observations across the state highlights just how localized Florida’s weather can be, with the sometimes cooler than average temperatures occurring just miles away from heat islands.
Clermont, in Central Florida, recorded its warmest June when compared to typical values, finishing about 4 degrees above average for the month. Meanwhile, Pensacola was the coolest major metro area across the state, ending the month approximately 2 degrees below average.
Cooler than average temperatures were largely found along the Panhandle, while Central and South Florida were home to the heat.
Regions that experienced frequent afternoon showers and thunderstorms generally recorded temperatures closer to seasonal averages, while locations that missed out on the rainfall often experienced temperatures that were well above average.
As a whole, warmer readings outweighed the cooler ones during the first month of meteorological summer, allowing the Sunshine State to experience one of its tenth warmest Junes on record.
The arrival of July has done little to change the pattern, with temperatures expected to get even warmer during the next few weeks.
Forecast models show another extended period of above-average temperatures developing this week as a ridge of high pressure builds across the Sunshine State.
The warmer conditions are expected along and north of the Interstate 4 corridor, where afternoon high temperatures are expected to climb into at least the upper 90s.
When combined with the humidity, the heat index could reach between 104 and 110 degrees through most of the state through the remaining days of the workweek and into the weekend.
The heat indices mean that NOAA’s HeatRisk will reach the Major category in many areas with some neighborhoods potentially reaching the Extreme category.
Residents and visitors spending time outdoors are encouraged to drink plenty of water, take frequent breaks in the air conditioning and avoid strenuous activity during the hottest parts of the day.
Forecast guidance suggests that some ridging will remain in place through at least the middle of next week, leading to several days of above normal heat.
Due to the abundance of seeking air, widespread shower and thunderstorm activity will be hard to come by.
Whether the current pattern persists through the remainder of the month remains uncertain, but the final week of July is climatologically the warmest period of the year, when average afternoon highs reach at least the low to mid-90s.
Florida
US appeals court strikes down key part of Florida law restricting campus race and gender discussions
A federal appeals panel struck down a significant chunk of Ron DeSantis’s so-called Stop Woke Act on Tuesday, delivering another rebuff to the Republican Florida governor’s efforts to stifle free speech in higher education.
In a scathing order, judges of the 11th circuit court of appeal said by a 2-1 majority that the higher education component of the law – which prevented college and university professors teaching or sharing thoughts on concepts of race and gender – breached the free expression rights guaranteed under the US constitution’s first amendment.
It accused the state of “puppeteering”: making the educators their mouthpieces by controlling what they can say or teach.
“Because the government pays the professors’ salaries, Florida says, their speech is the state’s speech,” Britt Grant, a Donald Trump-appointed judge who wrote the majority opinion, said. “Emphatically no.
“Florida’s salary-for-speech rule is a breathtaking assertion of power to ban unpopular ideas from public discourse in the very places the state’s own statutes recognize as centers of inquiry – classrooms where students are trusted to puzzle through ideas that are good and bad, easy and hard, ideally getting ever closer to the truth.”
It added: “The ideas Florida targets may well be noxious. Or maybe not. Either way, in this context the first amendment trusts students to figure it out for themselves.”
The ruling removes a flagship element of DeSantis’s second-term agenda aimed at perceived leftwing ideology on Florida’s state-run higher education campuses. Passed in 2022, the Stop Woke Act, formally branded the Individual Freedom Act, restricted how race and gender could be taught in schools and colleges, and discussed in the workplace.
Tuesday’s decision mirrors the same appeals court’s 2024 ruling blocking the workplace provision of the law on the grounds that the state was attempting, unconstitutionally, to recharacterize protected free speech as conduct it could ban.
It reinforces a district court’s November 2022 injunction against implementation of the law at Florida’s colleges and universities – and represents a considerable victory for civil rights and free speech advocacy groups that launched the legal action.
The lawsuit’s named plaintfill – LeRoy Pernell, a professor at Florida A&M University’s college of law – welcomed the ruling.
“We are thrilled the court has stopped the erasure of topics that have real implications for our students, allowing them to learn, discuss, and develop tools for combatting the complex issue of racism in our country without being gagged by those who would dictate that only state-approved thought may be promoted,” he said in a statement.
Jin Hee Lee, director of strategic initiatives at the Legal Defense Fund, said the Stop Woke Act was an “egregious” effort by the DeSantis administration to try to force the public higher education system in Florida to adopt the viewpoints of those in power.
“It is no coincidence that this state law aimed to censor the perspectives of Black people and LGBTQ+ people, the very same people who are currently under attack,” Lee said.
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“With this decision, the federal appeals court has made clear that Florida cannot actively erase their history of discrimination or their lived experiences without running afoul of our constitution.”
Carrie McNamara, staff attorney at the American Civil Liberties Union of Florida, also hailed the ruling as a victory for free speech.
“By upholding the district court’s ruling, the 11th circuit ensured that our system of higher education is guided by the principle of free speech, not government censorship,” she said.
“Our classrooms are meant to be rooms of curiosity, creativity, and learning. When we stifle this kind of critical thinking, we risk losing our education system as we know it.”
There was no immediate reaction to the ruling from the DeSantis administration or Florida’s unelected attorney general, James Uthmeier, the governor’s former chief of staff elevated by DeSantis in February 2025.
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