On March 31, 2025, a U.S. District Court declared Arkansas Act 689 UNCONSTITUTIONAL and permanently blocked the law from enforcement to keep lawful, protected communication safe and free online in NetChoice v. Griffin.
The state of Arkansas undermined the First Amendment in passing SB 396 in 2023. The law mandated that leading websites verify the identity and age of users. Our lawsuit against Attorney General Griffin over SB 396 protected the First Amendment and keep online communication safe.
The law undermined the First Amendment by requiring that Arkansans hand over sensitive and private information to be able to use digital communication services. Hinging access to social media and other sources of important information on uploading personal information will harm free speech.
SB 396 also undermined cybersecurity by requiring residents to hand over, and requiring websites to process, sensitive personal information that is highly valuable to bad actors like organized crime groups and online hackers.
Rather than empower families to lead in the cultural debate over how children and young people use tech, Arkansas decided that it can use the power of the government to make decisions in the place of the state’s parents. The Court disagreed and permanently halted the law.
Additionally, SB 396 violated the Supremacy Clause of the U.S. constitution by conflicting with federal laws to protect children online, and violated the Commerce Clause by regulating the internet outside of the state’s borders.
Read NetChoice’s original complaint, filed June 29, 2023, here.
Our Team
Chris Marchese – Director of Litigation
Paul Taske – Associate Director of Litigation
Court Filings
- NetChoice Complaint, filed June 29, 2023, in the United States District Court for the Western District of Arkansas
- Arkansas Answer, filed on August 23, 2023
The Western District of Arkansas, Fayetteville Division, issued its decision on August 31, 2023, granting NetChoice’s request for a preliminary injunction.
- NetChoice’s press statement on the decision.
Court Documents Associated with the Preliminary Injunction Request:
- NetChoice Motion for a Preliminary Injunction, filed July 7, 2023, in the United States District Court for the Western District of Arkansas
- Memorandum in Support of Motion for a Preliminary Injunction, filed July 7, 2023
- NetChoice Reply to the State’s Memo in Opposition, filed August 3, 2023
- NetChoice Supplemental Briefing, filed August 9, 2023
- U.S. District Court’s ruling, granting NetChoice’s request for a preliminary injunction, issued on August 31, 2023
Filings in Support of Our Motion for a Preliminary Injunction
- Briefs:
- Filings in Opposition to Our Motion for a Preliminary Injunction
- Briefs:
- State of Arkansas
- State of Arkansas, Supplemental Briefing
On March 31, 2025, the U.S. District Court ruled for NetChoice that the law is indeed unconstitutional and permanently blocked Act 689 from being enforced.
On November 28, 2023, NetChoice filed a Motion for Summary Judgment to the U.S. District Court in Fayetteville, Arkansas.
- NetChoice’s press release on the motion.
On June 21, 2024, NetChoice filed an Amended Motion for Summary Judgment to the U.S. District Court in Fayetteville, Arkansas.