How can states enforce bans on websites or apps?

O

OceanSun

New Member
Jurisdiction
US Federal Law
Some states have signed laws banning Tic Tok from being available on app stores in their state, and Florida has recently passed a law requiring adult sites to do age verification, but it's being reported that some sites are ignoring that. Which leads to my question - how can a state enforce such laws if the site or app is not based in that state?

I put US Federal law for the jurisdiction because this is applicable to any state.
 
OceanSun said:
Which leads to my question - how can a state enforce such laws if the site or app is not based in that state?
Click to expand...


The United States Constitution grants each state the power to create and enforce its own laws, which can differ significantly from those of other states. This federal system allows states to address local issues and interests, but it can also create legal complexities when conflicts arise between state and federal laws, or between different states' laws. In such cases, the doctrine of preemption comes into play, with federal law taking precedence over state law, and state law taking precedence over local law. This has been a particularly salient issue in recent years, with political polarization leading to increased state preemption litigation over issues such as abortion, gun control, and public health ordinances.
Supremacy ClauseFederal law is the supreme law of the land
Doctrine of PreemptionIf federal law preempts state law, then the state law is invalid
State PreemptionA state government can nullify a local law that conflicts with or deviates from state law
State Law vs Federal LawState law will stand if it provides more protections than federal law
State Law vs Local LawState law is superior to local law
State Law vs State LawA state may not enforce its citizens' rights in relation to the Federal Government
State Law vs State LawA state may not enforce another state's law


[th]
Characteristics​
[/th][th]
Values​
[/th]​

Federal law vs. state law


The United States Constitution creates a federal system of government, where power is shared between the federal government and the state governments. Both the federal and state governments have their own court systems. The federal government's powers are listed in the U.S. Constitution at Article I, Section 8, and include immigration, bankruptcy, the postal service, intellectual property, and the military.

Federal laws apply to everyone in the United States. These laws apply in every state and cover areas such as federal anti-discrimination and civil rights laws that protect against racial, age, gender, and disability discrimination.

State and local laws apply to people who live or work in a particular state, commonwealth, territory, county, city, municipality, town, township, or village. Each state has its own system of laws and courts that handle various issues. Some counties, cities, and towns have their own system of laws and courts that handle specific matters.

There are some areas of law governed by both state and federal law, which usually happens when Congress spends money to create programs for the general welfare. When federal funds are offered to a state, some element of federal law is typically involved. For example, in FERC v. Mississippi, the Court observed that it had never explicitly sanctioned a federal command to the states to promulgate and enforce laws and regulations. However, the Court upheld the statute because it did not view it as a direct command, only requiring consideration of federal standards.

In some cases, the Supreme Court has held that federal law can violate constitutional principles of state sovereignty. For instance, in Printz v. U.S., the Supreme Court ruled that a federal law requiring state officials to receive firearms dealers' reports and conduct background checks as part of a federal program violated state sovereignty.

Conflicts between federal and state laws are resolved by the Supremacy Clause of the U.S. Constitution, which states that laws enacted in furtherance of the Constitution are the "supreme law of the land," and federal laws take precedence over state constitutions and laws.

Enforcing Laws Across State Lines: Whose Rules Apply? | LawShun

When a crime is committed across state lines, whose laws take precedence? This article explores the complex legal issues surrounding multi-state crimes and the challenges they pose for law enforcement.
lawshun.com lawshun.com
 
OceanSun said:
Some states have signed laws banning Tic Tok from being available on app stores in their state, and Florida has recently passed a law requiring adult sites to do age verification, but it's being reported that some sites are ignoring that. Which leads to my question - how can a state enforce such laws if the site or app is not based in that state?

I put US Federal law for the jurisdiction because this is applicable to any state.
Click to expand...

First, understand that sites and apps don't have a particular location, though the servers hosting them do. If the owner of the site or app specifically make it available to citizens in a particular state that has banned that site or app from making available in the future and the owner disregards that law and continues to provide service to customers in that state, the act of providing the service to those states residents is sufficient to give the state jurisdiction over the owner (depending on how far the state's jurisdiction's statutes go).

The state then has several options for enforcing its law, depending on whether it's a criminal or civil statute.

If violating the ban is a criminal law then the state wanting to prosecute that person will send an extradition request to the state where the suspect is living. That state may then arrest the subject on the extradition request and turn over the subject to officals of the state that wants prosecute him/her.

lf the ban on providing that content is civil in nature and imposes a fine for noncompliance the state may for a judgment for the judgment amount. It may do that by filing the suit in the state courts in which the defendant now lives, file suit against the defendant in federal court if all the elements for federal jurisdiction in the diversity jurisdiction statutes are met, or, in some cases may sue the person/entity in its own courts.

This is a broad overview of what can be done. There may be a lot steps that state has to take to accomphlish its goals and it'll need to weigh the cost of that against the benefit achieved by reaching the defendant and/or his assets.

In short, simply not being located in a state doesn't shield the defendant from criminal or civil actions. There are hoops for the state wanting the person has to jump through to accomplish its goal, but it can achieve it if it's willing to spend the time and money needed to do it.
 

Ask a Question

Share this page

Get a free case review from a lawyer
Back
Top