“Here, it is clear that there is no set of circumstances under which Sections 1 and 5 would be valid. The State has made no attempt to tailor Section 1 based on the Arkansas Supreme Court’s interpretation of ‘harmful to minors,’ though the State has been on notice of the broad sweep of this definition since 2004. Similarly, Section 5 contains multiple undefined terms that invite censorship decisions on the basis of content. Plaintiffs are therefore entitled to a declaratory judgment that Sections 1 and 5 of Arkansas Act 372 are unconstitutional, void, and of no effect.”
JUDGE TIMOTHY BROOKS, DEC. 23, 2024