"It's not just courts telling these lawmakers they are wrong. EFF has spent the past year filing friend-of-the-court briefs in courts across the country explaining how these laws violate young people's First Amendment rights to speak and get information online. In the process, these laws also burden adults' rights, and jeopardize everyone's privacy and data security."
"Minors have long had the same First Amendment rights as adults: to talk about politics, create art, comment on the news, discuss or practice religion, and more. The internet simply amplified their ability to speak, organize, and find community. Although these state laws vary in scope, most have two core features. First, they require social media services to estimate or verify the ages of all users. Second, they either ban minor access to social media, or require parental permission."
Lawmakers in at least a dozen states have proposed laws to block young people from social media or require parental permission before logging on. Nearly every trial court reviewing these laws has ruled them unconstitutional. EFF filed friend-of-the-court briefs in multiple states in 2025 arguing that age-gating laws burden the First Amendment rights of young people and adults, and jeopardize privacy and data security. Most laws force social media platforms to estimate or verify users' ages and either ban minors or require parental consent. The Supreme Court has repeatedly struck down laws restricting minors' speech. Lawmakers should pursue strong privacy protections rather than censorship.
Read at Electronic Frontier Foundation
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