Lawmakers in at least a dozen states believe that they can pass laws blocking  young people from social media or require them to get their parents’ permission before logging on. Fortunately, nearly every trial court to review these laws has ruled that they are unconstitutional.

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. 

In 2025, EFF filed briefs challenging age-gating laws in California (twice), Florida, Georgia, Mississippi, Ohio, Utah, Texas, and Tennessee. Across these cases we argued the same point: these laws burden the First Amendment rights of both young people and adults. In many of these briefs, the ACLU, Center for Democracy & Technology, Freedom to Read Foundation, LGBT Technology Institute, TechFreedom, and Woodhull Freedom Foundation joined.

There is no “kid exception” to the First Amendment. The Supreme Court has repeatedly struck down laws that restrict minors’ speech or impose parental-permission requirements. Banning young people entirely from social media is an extreme measure that doesn’t match the actual risks. As EFF has urged, lawmakers should pursue strong privacy laws, not censorship, to address online harms.

These laws also burden everyone’s speech requiring users to prove their age. ID-based systems of access can lock people out if they don’t have the right form of ID, and biometric systems are often discriminatory or inaccurate. Requiring users to identify themselves before speaking also chills anonymous speech—protected by the First Amendment, and essential for those who risk retaliation. 

Finally, requiring users to provide sensitive personal information increases their risk of future privacy and security invasions. Most of these laws perversely require social media companies to collect even more personal information from everyone, especially children, who can be more vulnerable to identify theft.

EFF will continue to fight for the rights of minors and adults to access the internet, speak freely, and organize online.

This article is part of our Year in Review series. Read other articles about the fight for digital rights in 2025.

State and federal lawmakers have introduced multiple proposals in 2025 to curtail or outright block children and teenagers from accessing legal content on the internet. These lawmakers argue that internet and social media platforms have an obligation to censor or suppress speech that they consider “harmful” to young people. Unfortunately, in many of these legislative debates, lawmakers are not listening to kids, whose experiences online are overwhelmingly more positive than what lawmakers claim. 

Fortunately, EFF has spent the past year trying to make sure that lawmakers hear young people’s voices. We have also been reminding lawmakers that minors, like everyone else, have First Amendment rights to express themselves online. 

These rights extend to a young person’s ability to use social media both to speak for themselves and access the speech of others online. Young people also have the right to control how they access this speech, including a personalized feed and other digestible and organized ways. Preventing teenagers from accessing the same internet and social media channels that adults use is a clear violation of their right to free expression. 

On top of violating minors’ First Amendment rights, these laws also actively harm minors who rely on the internet to find community, find resources to end abuse, or access information about their health. Cutting off internet access acutely harms LGBTQ+ youth and others who lack familial or community support where they live. These laws also empower the state to decide what information is acceptable for all young people, overriding parents’ choices. 

Additionally, all of the laws that would attempt to create a “kid friendly” internet and an “adults-only” internet are a threat to everyone, adults included. These mandates encourage an adoption of invasive and dangerous age-verification technology. Beyond creepy, these systems incentivize more data collection, and increase the risk of data breaches and other harms. Requiring everyone online to provide their ID or other proof of their age could block legal adults from accessing lawful speech if they don’t have the right form of ID. Furthermore, this trend infringes on people’s right to be anonymous online, and creates a chilling effect which may deter people from joining certain services or speaking on certain topics

EFF has lobbied against these bills at both the state and federal level, and we have also filed briefs in support of several lawsuits to protect the First Amendment Rights of minors. We will continue to advocate for the rights of everyone online – including minors – in the future.

This article is part of our Year in Review series. Read other articles about the fight for digital rights in 2025.