As per a report by Reason's Volokh Conspiracy, a three-judge panel of the Eleventh Circuit held on October 14, in an opinion by Judge Kevin Newsom joined by Judges Robert Luck and Gerald Tjoflat, that Florida's HB 3 likely passes First Amendment scrutiny as applied to platforms run by members of the Computer & Communications Industry Association (CCIA). The law requires covered platforms to bar anyone under 14 from creating an account and to bar 14- and 15-year-olds from doing so without parental consent. It applies only to platforms that use algorithms together with features such as infinite scrolling, push notifications or autoplay.

The panel wrote that "HB3 is facially content neutral: It regulates social-media platforms based on their functional capabilities and features, not the content they communicate," and that the law does not "burden substantially more speech than necessary" because it calibrates restrictions by age, regulates account creation rather than access to the platforms, and covers only platforms found to induce heavy use by children. The court reversed the preliminary injunction that had blocked the law. CCIA president Matt Schruers called the ruling "deeply concerning."