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First Amendment › State Privacy Laws

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 -
Perkins Coie

Free Speech Coalition v. Paxton: What the Supreme Court’s Age Verification Decision Could Mean for All Websites—Not Just Adult...

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On June 27, 2025, the United States Supreme Court weighed in on the ongoing debate about age verification requirements for websites, holding that it is constitutional for a state to require websites that have a significant...more

Mintz

What’s in Your Wallet: National Retail Federation Files Suit Against New York Algorithmic Pricing Law

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What is algorithmic pricing? The Canadian Competition Bureau broadly defines it as “the process of using automated algorithms to set or recommend prices for products of services, often in real time, based on a set of data...more

BakerHostetler

Washington State Broadly Criminalizes All Malicious Deepfakes, Expanding on Existing Deepfake Regulation

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On April 16, Washington state added a new law to the growing patchwork of state, federal and international laws aimed at curbing the malicious use of artificial intelligence (AI)-generated deepfakes. ...more

Kelley Drye & Warren LLP

Multistate Coalition Files Amicus Brief in Support of Anti-Doxing Law

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This week, a bipartisan group of 42 attorneys general filed an amicus brief asking the U.S. Court of Appeals for the Third Circuit to uphold Daniel’s Law, a New Jersey statute enacted to protect public servants from ​“doxing”...more

Morrison & Foerster LLP - Social Media

Social Links: AI, Age-Gating, and the COPPA Cabana

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CONGRESS MOVES TO BLOCK ALL STATE AI LAWS - In a late-night addition to a sweeping budget proposal, the House Energy and Commerce Committee inserted a provision in a large reconciliation package that would block state and...more

Morrison & Foerster LLP - Social Media

Social Links: Statehouse v. Smartphone

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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

Sheppard Mullin Richter & Hampton LLP

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

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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

Alston & Bird

Court Enjoins Enforcement of California Age-Appropriate Design Code Act

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On March 13, 2025, the U.S. District Court for the Northern District of California granted a preliminary injunction preventing the California Attorney General (AG) from enforcing the California Age-Appropriate Design Code Act...more

Alston & Bird

California Attorney General Delays Enforcement of CAADCA Amidst Legal Challenge

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On March 4, 2025, the California Attorney General (AG) announced a further delay in the enforcement of the California Age-Appropriate Design Code Act (CAADCA) until April 5, 2025. Initially operative on July 1, 2024, CAADCA’s...more

Sheppard Mullin Richter & Hampton LLP

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

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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

Snell & Wilmer

Ninth Circuit Upholds Oregon's Ban on Unannounced Audio Recordings, Rejects First Amendment Challenge

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The U.S. Court of Appeals for the Ninth Circuit has affirmed the dismissal of a lawsuit brought by Project Veritas, a conservative activist group that engages in undercover journalism, challenging the constitutionality of an...more

Morrison & Foerster LLP - Social Media

2024 Recap: Ten Lords A-Leaping!

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As the world’s premier blog and go-to source for insightful, pithy commentary on the law and business of social media (EDITOR’S NOTE: this claim has not been verified), the team at Socially Aware feels socially responsible to...more

Sheppard Mullin Richter & Hampton LLP

#StatusUpdate on Social Media, Apps, and Children’s Privacy

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Regulations impacting children’s use of social media continues to be a space in motion the past few months. There have been developments at both the state level, as well as with the FTC. And there is no sign of slowing down....more

Sheppard Mullin Richter & Hampton LLP

Mother May I? Florida and Utah Recently Regulations for Minor Use of Social Media Platforms

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Florida recently passed a new law and Utah recently repealed and replaced its previously enjoined law with two new bills (available here and here), which regulate minors’ access to social media platforms. The laws highlight...more

Wiley Rein LLP

Cracks in the State Privacy Law Foundation: State Privacy Law Challenges See Success in District and State Courts

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A recent spate of successful legal challenges has provided some relief from the ever-swelling wave of state privacy laws. The legal bases of these challenges vary, but taken together, they highlight that state privacy laws –...more

Husch Blackwell LLP

Court Enjoins California Age-Appropriate Design Code Act

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Keypoint: A California federal district court granted NetChoice’s motion for preliminary injunction, finding that the California Age-Appropriate Design Code Act likely violates the First Amendment. On September 18, 2023, the...more

BCLP

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

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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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