NetChoice v. Griffin (Arkansas, 2025)

In March 2025, the Arkansas government lost to NetChoice in court for the clear censorship problems with its online ID-for-speech law. Instead of finding solutions that actually would help families manage the online world better, it decided to double down on its efforts to censor fully protected speech online by signing Act 901. NetChoice sued again to stop it.

Read the complaint initiating the lawsuit, filed June 27, 2025, here.

Key Points Against Arkansas Act 901:

1. It is another unconstitutional attempt for bureaucrats to censor free speech online: Despite its recent court loss to NetChoice on a similar ID-for-speech law, Arkansas’ government passed Act 901, another unconstitutional attempt to control online speech that wastes taxpayer dollars and distracts the government from stopping real cybercriminals and predators.
2. Politicians can’t control your online feed of protected speech: The Supreme Court affirmed in its 2024 NetChoice doctrine that social media companies have a right to decide what protected speech they show and how they show it on their sites and apps. Act 901 tries to dictate how Arkansans can see information on websites—which is a direct violation of free speech and the high court’s precedent.
3. Its requirements are unreasonably vague and will lead to over-censorship: The law’s vague rules encourage frivolous lawsuits and will coerce online platforms to remove vast amounts of protected content that could be questionable—from discussions about historical documents like the Declaration of Independence to popular culture like Taylor Swift’s music—to avoid massive fines ($10,000 per violation) and endless litigation. This will be a handout to trial lawyers, only resulting in less information access for Arkansans and false. 
4. Courts have already rejected similar laws—including this year in Arkansas itself: Similar attempts to regulate online content have been blocked by courts in Mississippi, Texas, and even Arkansas itself. The recent NetChoice v. Griffin ruling already made it clear that broad governmental control over social media content is unconstitutional and that vague laws lead to censorship.
5. Arkansas’ government takes power away from parents (again): NetChoice’s Griffin ruling explicitly stated: “Parents—not government officials—are best positioned to decide how their kids use technology.” Act 901 is another attempt by the state to dictate how families use the internet, undermining parents in digital spaces.
6. Unconstitutional content restrictions give false hope to parents: These laws won’t mitigate harm to children as the state claims because they’re unconstitutional and will ultimately be struck down, as the state legislature was warned in testimony. Lawmakers need to focus on solutions that actually work and respect Arkansans’ constitutional rights.

NetChoice stands firm in protecting digital spaces for all Arkansans. We will continue to fight for free expression online and ensure America’s internet remains free from government censorship.

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