Access to Social Media for minors has been a controversial topic ever since the creation of the platforms. But whereas before the onus was on parents to ensure that their children did not have access to Social Media platforms before the intended age and on the platforms to ensure that all their users were of a reasonable age. But now the states are getting a renewed interest on the topic, especially after the stories that have surfaced lately affecting minors in Social Media, and some are putting restrictions in their laws to ensure their protection. The last state to do this is Texas.
Even though many states are pondering legislation to protect minors, Texas would only be the second state to enact legislation that has an across-the-board ban on social media for minors, which would make it the strictest state-level regulation yet on social media platforms if enacted. If it does end up passing, it would explicitly bar every Texas resident under 18 years old from signing up for and using “a social media platform.”
The new state legislations that are attempting to protect minors on Social Media
The new laws are attempting to protect minors and their mental health by banning them from the platforms, but those against the bans are arguing that the restrictions amount to free speech violations and that banning minors is not the best course of action to protect them.
Dr. Mitch Prinstein, chief of psychology strategy and integration for the American Psychological Association is one of the doubters “Something needs to be done. These are things that we know don’t fit with the adolescent brain — things like endless scroll and ‘like counts. But an age ban — that’s like delaying the age of driving but not having any driver’s ed. Why just delay the age and then send kids out for slaughter later?”
Vera Eidelman, a senior staff attorney with the American Civil Liberties Union’s Speech, Privacy and Technology Project takes this issue up from a free speech violation standpoint “We see this as a First Amendment issue and, as these bills have generally been written, a serious First Amendment problem, because they essentially cut off an entire universe of information, of conversation from [young] people”.
Regardless of opinions, this new legislation would require all social media platforms to verify the ages of all people setting up accounts, whereas now they only do so in some very specific cases, and it would give parents permission to request that their children’s accounts be deleted within 10 days, which is not a policy now. Should they fail to comply with these requirements, the Social Media platforms would be punished for “deceptive trade practices,” which would make them subject to fines from the state’s attorney general and subject to lawsuits for financial damages.
The measure has already passed the Texas House and is likely to advance through the Senate. A spokesperson for Governor Greg Abbott stated that protecting children’s safety and digital privacy remains a key concern, and that the governor will carefully evaluate any related legislation that reaches his desk.
NetChoice, a technology industry group representing companies like Meta, Google, and X, has actively challenged social media regulations aimed at limiting access for minors in several states. The group has already pursued legal action in multiple states and has indicated readiness to contest the Texas bill if it becomes law.
Chris Marchese, NetChoice’s director of litigation, criticized such proposals as efforts to censor under the guise of protecting children online. In a statement, he warned that laws like Texas’ threaten the First Amendment rights of all Americans, both on and off the internet.