A Florida appeals court on Wednesday, November 4, refused Meta’s request to stop Florida’s lawsuit over Instagram and Facebook features the state says are built to hook children. Florida refused to join Meta’s multistate settlement in August, and the ruling keeps its own case moving forward in state court.
A three-judge panel of Florida’s Second District Court of Appeal dismissed Meta’s petition in an opinion written by Judge Andrea Teves Smith and joined by Judges Robert Morris and Suzanne Labrit. Meta had asked the court to overturn the trial judge’s refusal to throw out the case, arguing that the lawsuit violated its free speech rights and that a federal law, Section 230 of the Communications Decency Act, protects it from being sued at all.
The court disagreed that Meta needed its help now. It found that Section 230 gives only limited protection, not a right to avoid a lawsuit altogether, and that the cost and burden of continuing to defend the case is not enough to justify stepping in early. On free speech, the court said the trial judge’s order placed no new restrictions on Meta and did not require it to do anything. “In fact, none of Meta’s First Amendment rights have been altered,” Judge Smith wrote. The court said it was not commenting on the merits of Florida’s claims or Meta’s defenses, which remain undecided.
What Florida Alleges
Florida filed the lawsuit in December 2024 in Pasco County Circuit Court, north of Tampa, under the state’s consumer protection law. It alleges that Meta’s platforms “cause serious harm to children, parents, and the community at large” through algorithms and other features designed to capture users’ attention, and that these features are especially harmful to people under 18. The state points to features such as infinite scroll, autoplay and Reels and argues that Meta’s design of these features is deceptive. It seeks civil penalties and court orders changing how the apps work. Meta denies the claims.
The trial judge, Alicia Polk, refused to dismiss the case in October 2025, finding in a brief order that the complaint “sufficiently pleads the claims.” Wednesday’s ruling leaves the case with her.
Florida Turned Down Meta’s Settlement
In August, Meta settled with 47 states and the District of Columbia in a deal worth $12.19 billion over 10 years, and up to $17.1 billion if other platforms agree to similar terms, according to the Connecticut Attorney General. It also requires stronger age checks and other changes for teen users. Florida did not join. Attorney General James Uthmeier called the payouts “peanuts” compared with the harm he says Meta’s features caused. After Wednesday’s ruling, he wrote on social media, “Unlike other states, Florida isn’t going to sell out.”
In October, Florida asked Judge Polk to order immediate changes while the case continues, including removing Floridians under 14 from Instagram and Facebook and limiting how long teens can use the apps each day. Meta called the request meritless. Judge Polk denied it on October 19. She found Florida was likely to succeed on its claim that Meta deceived the public, but ruled that the changes Florida wanted went too far before trial.
What This Means for Families
Florida’s case could force changes to the apps Florida teens use, but any money it recovers goes to the state, not to families. The same is true of the multistate settlement and the other state attorney general lawsuits. None of them has a claim form for parents.
Families seeking compensation for a child’s harm bring their own claims, which are separate from the state cases and have their own filing deadlines. Thousands of these claims are pending in state court in Los Angeles and in federal court in Northern California. Meta and Snap both settled with the teens in the most recent Los Angeles trial before a jury could decide their claims. See our settlements and verdicts page and how Snap settled before openings.
Who May Have a Claim
Families in Florida and every other state may have a claim. Two things matter most: the young person started using Instagram, Facebook, TikTok, Snapchat or YouTube heavily before age 18 and is now 25 or younger, and a doctor, therapist or counselor diagnosed or treated depression or severe anxiety, an eating disorder or body dysmorphia, or self-harm, suicidal thoughts or a suicide attempt. Families who lost a child may also have a claim. Read more about who may qualify.
Doyle APC handles social media addiction claims together with experienced co-counsel.
If you or your child is in crisis, call or text 988 to reach the Suicide and Crisis Lifeline.
Common Questions
What did the Florida appeals court decide?
On November 4, 2026, Florida’s Second District Court of Appeal dismissed Meta’s petition to overturn the trial judge’s refusal to throw out Florida’s lawsuit. The court found that Meta would not suffer lasting harm by continuing to defend the case and that its free speech rights had not been affected. The case continues in Pasco County Circuit Court. The ruling does not decide whether Meta broke the law.
Why didn’t Florida join Meta’s settlement?
Attorney General James Uthmeier said the payments were too small for the harm he alleges Meta caused and that Florida would rather take Meta to court.
Will Florida’s lawsuit pay my family?
No. Money from a state lawsuit goes to the state. Families who want compensation for a child’s harm need to file their own claims.
What compensation can a family seek?
Claims seek medical and counseling expenses, past and future, along with compensation for pain and suffering and loss of enjoyment of life. You pay nothing unless we recover.