LGBT Tech Joins Amicus Brief Opposing Utah Social Media Law

This month, LGBT Tech joined the Electronic Frontier Foundation, the ACLU, TechFreedom, and other partners in filing an amicus brief with the U.S. Court of Appeals for the Tenth Circuit, urging the court to uphold a lower court’s decision to halt Utah’s “Minor Protection in Social Media Act.”

This amicus brief highlights the ways in which the Act blocks both minors and adults alike from being able to fully engage in digital forums, as well as how it violates their First Amendment rights through creating major obstacles to speech. Under this Act, minors would be required to obtain parental permission in order to friend or follow users that are more than “one-degree removed” on social media. Subsequently, minors would only be able to engage with new people or accounts explicitly allowed by their parents. This is especially problematic for LGBTQ+ youth who, due to being in unwelcoming or unsafe physical spaces, may turn to virtual ones to seek community and support. Our brief affirms that users being minors is an “insufficient basis for Utah to diminish their First Amendment rights in the way the Act attempts.”

Additionally, our brief makes clear that the Act violates First Amendment rights by blocking minors—and adults—from speaking freely, engaging with diverse content, and building community online. Under the Act, users would be required to verify their age in order to access social media platforms – this would restrict users (regardless of age) from accessing these platforms if they do not have access to a documented form of identification. Beyond concerns around access, providing identification to use platforms also raises concerns around privacy and safety, especially for those accessing LGBTQ+ resources. If users must provide proof of their offline identity in order to access LGBTQ+ spaces or resources, they risk having their identities “leaked” or exposed, which could result in potentially serious offline consequences, especially for youth in unwelcoming or unsafe physical environments.

In order to ensure the rights, safety, and privacy for both LGBTQ+ minors and adults, we urge the Court of Appeals to stand with the lower Court’s decision to halt the “Utah Minor Protection in Social Media Act.”