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Arkansas’ Invasion of Children’s Privacy Law Should Be Overruled Now, NetChoice Argues

FAYETTEVILLE, Ark.—Today, NetChoice filed a new motion in our case, NetChoice v. Griffin, against Arkansas over Act 689, its age verification, or invasion of children’s privacy, law. 

NetChoice filed a motion for summary judgment, further detailing Act 689’s First Amendment violations and its considerable vagueness. With the additional facts and resources provided in our motion, NetChoice asked the judge to issue a final decision on its constitutionality without sending the case to trial.

“The court has already found that the law likely violates the First Amendment and puts the data of all internet users—especially minors—at increased risk of breach. With our filing, the court will have enough information to issue a final decision and strike down the law as unconstitutional,” said Chris Marchese, NetChoice Director of Litigation. “The State shouldn’t strip parents of their right to care for their child, risk Arkansans’ privacy and security or violate their freedoms. We hope the court will grant our motion, side with the First Amendment and strike down this law.” 

The U.S. District Court for the Western District of Arkansas recently halted the law from going into effect while NetChoice v. Griffin moves through the legal system. This is the next step in our case. 

You can find NetChoice’s motion for summary judgment here and a web page detailing our case resources for NetChoice v. Griffin here.

Please contact Krista Chavez at with inquiries.