“They had LGBTQ-inclusive books in every single classroom and school library,” Maxx Fenning says of his high school experience. “They were even working on LGBTQ-specific course codes to get approved by the state,” he said, describing courses on queer studies and LGBTQ Black history.
No, Fenning didn’t grow up in Portland or a Boston suburb. Fenning graduated from a South Florida high school in 2020. Florida’s transformation from mostly affirming to “Don’t Say Gay” has been swift, he says. “It feels like a parallel universe.”
Fenning, who just graduated from the University of Florida, follows the developments closely as the executive director of PRISM FL Inc., a youth-led LGBTQ+ nonprofit he founded at 17. “I’ve watched so many of the things that I kind of took advantage of be stripped away from all of the students that came after me,” Fenning says. “It’s one thing to be in an environment that’s not supportive of you. It’s another thing to be in an environment that’s supportive of you and then watch it fall apart.”
“It’s just gut-wrenching,” Fenning explained, describing how Florida’s increasingly hostile legislation has transformed the state he has lived in most of his life.
Most recently, Florida passed HB3, “Online Protections for Minors,” which bans youth under 14 from having social media accounts. Youths aged 14 and 15 need parental consent before getting accounts and any minor must be protected from “harmful content” online.
Unlike the previous legislation, which came predominately from the right and directly targeted issues like gender-affirming healthcare or DEI, HB3 is part of a bipartisan push across the country to regulate social media, specifically for youth. HB3 was co-sponsored by Michele K. Rayner, the openly queer Black member of the Florida Legislature, alongside many of her colleagues across the aisle. Similar national legislation, like Kids Online Safety Act, includes 68 Democratic and Republican sponsors.
Shae Gardner, policy director at LGBT Tech, explains that this legislation disproportionately harms LGBTQ+ youth, regardless of intentions or sponsors.
Gardner says that while all these bills claim they are for the safety of kids, for LGBTQ youth, “you are putting them at risk if you keep them offline.” She explains that “a majority of LGBTQ youth do not have access to affirming spaces in their homes and their communities. They go online to look like that. A majority say online spaces are affirming.”
Research by the Trevor Project, which reports that more than 80% of LGBTQ+ youth “feel safe and understood in specific online spaces” backs this up. Specific online spaces that are under target from legislation, like TikTok, are disproportionately spaces where LGBTQ+ youth of color feel safest.
“For LGBTQ people, social media has provided spaces, which are, at once both public and private, that encourage, and enhance … a great deal of self-expression that is so important for these communities,” confirms Dr. Paromita Pain, professor, Global Media Studies & Cybersecurity at University of Nevada, Reno. She is the editor of the books “Global LGBTQ Activism” and “LGBTQ digital cultures.”
Fenning emphasizes that with bills like “Don’t Say Gay,” in Florida — and other states including North Carolina, Arkansas, Iowa, and Indiana — LGBTQ+ youth have less access to vital information about their health and history. “Social media [are] where young people increasingly turn to get information about their community, their history, their bodies and themselves.”
“For LGBTQ people, social media has provided spaces, which are, at once both public and private, that encourage, and enhance … a great deal of self-expression that is so important for these communities.”
Dr. Paromita Pain
At PRISM, Fenning works to get accurate, fact-backed information to Florida youth through these pathways, ranging from information on health and wellbeing to LGBTQ+ history to current events. The feedback has been overwhelmingly positive. Often youth tell him “I wish I learned this in school,” which is a bittersweet feeling for Fenning since it represents how much young LGBTQ+ youth are missing out on in their education.
Morgan Mayfaire, executive director of TransSOCIAL, a Florida advocacy group, said that these internet bans are an extension of book bans, because when he was a teen, books were his pathway into the LGBTQ+ community. “For me it was the library and the bookstores that we knew were LGBTQ friendly.” Now 65, Mayfaire understands that “kids today have grown up with the internet. That’s where they get all their information. You start closing this off, and you’re basically boxing them in and closing every single avenue that they have. What do you think is going to happen? Of course, it’s going to have an impact emotionally and mentally.”
Fenning says that social media and the internet were powerful to him as a teen. “I was able to really come into my own and learn about myself also through social media. It was really powerful for me, building a sense of self.” Gardner agrees, sharing that legislation like this, which would have limited “15-year-old me, searching ‘if it was OK to be gay’ online, would have stagnated my journey into finding out who I was.”
Gardner also explains that many of the bills, like HB3, limit content that is “harmful” or “obscene” but do not specifically define what that content is. Those definitions can be used to limit LGBTQ+ content.
“Existing content moderation tools already over-censor LGBTQ+ content and users,” says Gardner, “they have a hard time distinguishing between sexual content and LGBTQ+ content.” Pain emphasizes that this is no accident, “there are algorithms that have been created to specifically keep these communities out.”
With the threat of fines and litigation from HB3, says Gardner, “moderation tools and the platforms that use them is only going to worsen,” especially since the same legislators may use the same terms to define other queer content like family-friendly drag performances.
“Existing content moderation tools already over-censor LGBTQ+ content and users. They have a hard time distinguishing between sexual content and LGBTQ+ content.”
Shae Gardner
In addition to being biased, it has devastating effects on LGBTQ+ youth understanding of their sense of identity, Fenning explains. “That perception of queer people as being overly sexual or their relationships and love being inherently sexual in a way that other relationships aren’t does harm to our community.”
Gardner acknowledges that online safety has a long way to go — pointing to online harassment, cybercrime, and data privacy—but that these bills are not the correct pathways. She emphasizes “everybody’s data could be better protected, and that should be happening on a federal level. First and foremost, that should be the floor of protection.”
She also emphasizes that content moderation has a long way to go from targeting the LGBTQ+ community to protecting it. “Trans users are the most harassed of any demographic across the board. That is the conversation I wish we were having, instead of just banning kids from being online in the first place.”
Being queer on the ground in Florida is scary. “The community is very fearful. This [legislation] has a big impact on us,” explains Mayfaire.
“I mean, it sucks. Right?” Fenning chuckles unhappily, “to be a queer person in Florida. In a state that feels like it is just continuously doing everything it can to destroy your life and all facets and then all realms.”
Despite the legislative steamrolling, several court wins and coordinated action by LGBTQ+ activists help residents see a brighter future. “There’s a weird tinge of hope that that has really been carrying so many queer people and I know myself especially this year as we’re seeing the rescinding of so many of these harmful policies and laws.”
For example, this March, Florida settled a challenge to its “Don’t Say Gay” legislation that significantly lessens its impact. Already, experts warn that HB3 will face legal challenges.
Pain emphasizes that social media is central to LGBTQ+ activism, especially in Florida. “There have been examples of various movements, where social media has been used extremely effectively, to put across voices to highlight issues that they would not have otherwise had a chance to talk about,” she says, specifically citing counteraction to “Don’t Say Gay.” That is another reason why legislation like this disproportionately harms LGBTQ+ people and other minority groups, it limits their ability to organize.
Fenning emphasizes that HB3 directly attacks spaces like PRISM, which do not just share information for the LGBTQ+ community, but provide spaces for them. “Foundationally it provides an opportunity for the community,” he says, but more than anything, it provides a space, where “you can you can learn from your queer ancestors, so to speak, and take charge.” And that is invaluable.
This story is part of the Digital Equity Local Voices Fellowship lab through News is Out. The lab initiative is made possible with support from Comcast NBCUniversal.
