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First Amendment › Online Safety for Children › Constitutional Challenges

The First Amendment to the United States Constitution prohibits the government from making laws respecting the establishment of religion, prohibiting the free exercise of religion, abridging the freedom of speech... more +
The First Amendment to the United States Constitution prohibits the government from making laws respecting the establishment of religion, prohibiting the free exercise of religion, abridging the freedom of speech or the press, preventing citizens from peacefully assembling, or interfering with citizens' ability to petition the government for redress of their grievances. The First Amendment is one of the most sacred aspects of the American legal tradition and has spawned a vast body of jurisprudence and commentary. less -
Bradley Arant Boult Cummings LLP

Dark Skies for Small Businesses Caught in Social Media Net

Bradley Arant Boult Cummings LLP on

A new Mississippi law, known as the Walker Montgomery Protecting Children Online Act, has prompted several companies to block Mississippi IP addresses from accessing their platforms. In fact, social media company Bluesky...more

Kelley Drye & Warren LLP

State AGs Again Urge Action to Protect Kids from Tech and AI Risks

Kelley Drye & Warren LLP on

Last week, South Carolina Attorney General Alan Wilson proclaimed, “[i]f Congress won’t protect kids from Big Tech, states will.” State AGs from 27 states, led by the Utah Attorney General’s office, submitted an amicus brief...more

Kilpatrick

A New Age of Age Verification

Kilpatrick on

Laws that would require age verification before users can access online platforms are popping up across the county. While some laws have been found constitutional, courts are still drawing lines over what age verification...more

Kohrman Jackson & Krantz LLP

First Amendment Push-Me Pull-You: New Hurdles to Examining Digital Content Privately

Kohrman Jackson & Krantz LLP on

The digital landscape has always posed a twin challenge: how to protect children online while also preserving robust free speech rights for adults consistent with the First Amendment. This tension reached a logical zenith...more

Morrison & Foerster LLP - Social Media

Social Links: Statehouse v. Smartphone

Morrison & Foerster LLP - Social Media on

OHIO SOCIAL MEDIA LAW STRUCK DOWN - On April 16, 2025, a federal judge in Ohio ended the state’s ambitious plan to severely limit social media access for minors. The court permanently blocked Ohio’s Attorney General from...more

Saiber LLC

Arkansas “Social Media Safety Act” Ruled Unconstitutional

Saiber LLC on

On March 31, 2025, a judge of the United States District Court for the Western District of Arkansas, granted summary judgment for the plaintiff in NetChoice, LLC v. Griffin, a case in which NetChoice, an internet trade...more

Sheppard Mullin Richter & Hampton LLP

Arkansas’ Kids Social Media Law: Another One Bites the Dust

Sheppard Mullin Richter & Hampton LLP on

Arkansas’ second attempt at regulating minor’s access to social media – in the form of the Social Media Safety Act (SB 689) – has again been struck down as unconstitutional. The court permanently enjoined the state from...more

Venable LLP

Laws Regulating Minors' Access to Social Media Face First Amendment Scrutiny in the Courts

Venable LLP on

Last month, the United States District Court for the Western District of Texas enjoined parts of the state's Securing Children Online Through Parental Empowerment (SCOPE) Act, a law requiring certain digital service providers...more

ArentFox Schiff

California Law Seeking to Regulate Social Media Use by Minors Raises First Amendment Issues

ArentFox Schiff on

California recently enacted the Protecting Our Kids from Social Media Addiction Act, sparking pushback from online entities who argue the law is an unconstitutional restriction on children’s First Amendment rights and a...more

Sheppard Mullin Richter & Hampton LLP

California’s Kids’ Social Media Law Wrangling Continues, and Maryland Too!

Sheppard Mullin Richter & Hampton LLP on

The Ninth Circuit continued the pause on California’s SB 976 (Protecting Our Kids from Social Media Addiction Act) as of late January 2025. The law was signed by Governor Newsom in September 2024, and challenged by NetChoice...more

Wyrick Robbins Yates & Ponton LLP

Nothing But NetChoice: Federal Court Blocks Enforcement of California Age-Appropriate Design Code

Wyrick Robbins Yates & Ponton LLP on

A federal court in the Northern District of California recently granted a preliminary injunction in NetChoice v. Bonta that enjoins enforcement of the California Age-Appropriate Design Code (“Code”), which would have taken...more

BCLP

California’s Expansive New Children’s Online Privacy Law Faces First Amendment Challenge

BCLP on

The protection of children's online privacy has emerged as one of the most important data privacy issues in the United States. With the existing U.S. framework for protecting children's online privacy widely criticized as...more

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