25 U.S. States Want to Ban Minors from Social Media. Will Any Succeed?

"At what age should a minor, with or without parental consent, have a legal right to make themselves one with the brain rot of Facebook, Instagram, TikTok, Twitter/X and others? That is the seemingly simple, but ultimately loaded question at the heart of dozens of pieces of state legislation (and even more advancing lawsuits) that seek to curtail the access of teenage Americans to major social media networks."

"Citing various studies on the potential adverse effects of social media exposure for kids and young adults on both social, mental, and neurophysical development, half of U.S. states have now either enacted or introduced legislation involving age-related social media regulation. Although a few have advanced all the way to enforcement, most of these bans and quasi-bans are still either stuck in bitter debate within state legislatures, or their enforcement is paused, tied up in nigh-inevitable legal challenges on First Amendment grounds."

"The stage feels set for one of these state cases to eventually advance all the way to the U.S. Supreme Court-which has for now washed its hands of deciding the issue-where the legality of these types of state bans could finally be decided. However, because each state has approached the above question through unique means-sometimes subtly and other times wildly differently-we are left with a topic of ever-expanding complexity, involving the operations of some of the world's biggest and most powerful corporations."

States are considering and enacting laws that restrict minors’ access to major social media platforms based on age. Legislators cite studies linking social media exposure to adverse social, mental, and neurophysical development among children and young adults. Approximately half of U.S. states have introduced or enacted age-related social media regulation, with a few advancing to enforcement. Many bans are stalled in state legislatures or paused by legal challenges on First Amendment grounds. Industry groups representing major platforms challenge these laws to protect younger user bases and business interests. Varied state approaches have created complex legal and operational disputes involving powerful technology corporations.

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