Floor Vote for

Total Yeas: 109

Total Nays: 4

Total Abstained: 0

Total Missed: 7

Total Votes: 113

Vote After Roll Call:

Eskamani -

I cannot in good conscience vote for legislation that is likely unconstitutional. Indeed, HB3’s sweeping prohibition of youth from social media runs contrary to a Supreme Court precedent. The Court has found that statutes restricting constitutionally protected speech will fail if “less restrictive alternatives would be at least as effective in achieving the legitimate purpose that the statute was enacted to serve.’” Ashcroft v. Am. C.L. Union, 542 U.S. 656, 665 (2004). The Court in Ashcroft affirmed the injunction of a law remarkably similar to this bill, noting that the “purpose of the test is to ensure that speech is restricted no further than necessary to achieve the goal, for it is important to ensure that legitimate speech is not chilled or punished.” Though I agree more needs to be done in protecting our youth on social media, this bill goes too far in taking away parents' rights and banning social media usage -- and thus First Amendment Rights -- for young Floridians.