States’ attempts to age-gate the Internet blocked by constitutional hurdles

Enlarge (credit: Christopher Hopefitch | DigitalVision)

Courts have started blocking some US states' earliest attempts to age-gate the Internet. Yesterday, courts ordered preliminary injunctions blocking a Texas law requiring ID to access websites featuring adult entertainment, as well as an Arkansas law requiring ID to access some social media platforms. Both laws otherwise would've taken effect today.

While the Texas law was more narrowly aimed at restricting minors from accessing specific content that's not age-appropriate, Arkansas' law—the Social Media Safety Act—was much broader, stopping minors from creating accounts without parental permission on social media platforms that generate more than $100 million annually. It was also, according to the court, poorly researched, vaguely defined, and likely unconstitutional.

Bizarrely, Arkansas' Social Media Safety Act would apply to some obvious platforms, like Facebook or TikTok, but not to other more popular platforms for kids, like YouTube. Netchoice, a trade group representing platforms likely impacted by the law—including Facebook, Instagram, Twitter, TikTok, Snapchat, Pinterest, and Nextdoor—sued to block the law, partly because the law was too vague. Some platforms, like Snapchat, weren't even sure if the law applied to them, Netchoice argued.