State lawmakers are set to consider more social media regulations this year, as they continue pushing to protect kids despite perpetual legal roadblocks.
The tech industry has scored court victories to block previously passed laws from taking effect. But legislators have still filed or pre-filed multiple bills as legislative season begins.
They include requiring parental permission for teenagers to have social media accounts, barring “addictive feeds,” and holding companies legally liable for harms to youth. More are expected in the coming weeks.
“Although several kids’ privacy and online safety laws are wrapped up in the courts, I expect we will see another year with a heavy focus on bills seeking to regulate kids’ online experiences,” said Bailey Sanchez, senior counsel for U.S. legislation at the Future of Privacy Forum.
The effort to regulate social media began in earnest in 2023 with a series of high-profile bills that required teens to get a parent’s permission to have a social media account. The tech industry moved swiftly to challenge those laws and won a series of injunctions.
Still, last year legislators passed more parental permission laws, laws targeting personalized social media feeds, overnight notifications, and features such as infinite scroll. Florida banned kids under 14 from having a social media account.
That led to even more court challenges. Industry trade group NetChoice won a temporary injunction last week to block California’s new Protecting Our Kids from Social Media Addiction law from taking effect. A court hearing on Florida’s ban is scheduled for late February. The industry contends that efforts to regulate social media sites infringe on the First Amendment.
“While some state legislatures this session may proceed to enact laws that violate the Constitution, this would be a political, headline-grabbing stunt, at the expense of taxpayers,” said Matt Schruers, president and CEO of the Computer & Communications Industry Association, which has joined NetChoice in suing Florida and Texas.
Lawmakers are not heeding that warning. Instead, they are pressing ahead despite a clouded legal landscape.
Virginia’s Joint Commission on Technology and Science has recommended that the legislature pass a bill barring minors from “addictive” social media feeds unless they have a parent’s consent. The proposal, which was first introduced last year, mirrors California and New York’s 2024 social media addiction laws.
“This bill would be a positive step forward in mitigating the harm that social media can inflict on children’s mental health and well-being,” Del. Joshua Thomas (D), sponsor of the House companion measure, said in a statement.
Sen. Schuyler VanValkenburg (D), who sponsored last year’s bill and will carry the Senate version again this year, said he believes “well-crafted legislation” will ultimately withstand lawsuits.
“This is a space that needs regulation,” VanValkenburg told Pluribus News. “I’m pretty confident that the lawsuits at the end of the day are going to get kicked out.”
While the tech industry has won early rounds in court, backers of social media regulation see fresh reason for hope following the recent California case. They were heartened last month when U.S. District Judge Edward Davila in San Jose initially refused to block key portions of the 2024 social media addiction law, including the ban on personalized feeds without parental permission.
In his 34-page order, Davila said NetChoice had not shown that the requirement interferes with users’ free speech rights.
“Judge Davila’s thoughtful analysis put the brakes on the tech industry’s expansive First Amendment arguments, and hopefully creates a nuanced roadmap for other courts considering similar constitutional challenges to internet regulation,” said Meetali Jain, founder of the Tech Justice Law Project.
Davis subsequently agreed to put the entire law on hold for 30 days pending NetChoice’s appeal of his partial injunction to the 9th Circuit Court of Appeals.
The drive to regulate social media cuts across partisan lines. Both Nevada Attorney General Aaron Ford (D) and Indiana Sen. Mike Bohacek (R) are pushing social media parental consent bills this year. A similar Republican-backed bill has been introduced in Wyoming and another one in South Carolina.
Texas Rep. Jared Patterson (R) is back with a bill he previously introduced that would bar minors from social media regardless of parental consent.
Bills from Democrats in California and Texas would require warning labels on social media, as recommended by U.S. Surgeon General Vivek Murthy.
New York Sen. Andrew Gounardes (D), who introduced the addictive feeds bill that became law last year, has a new proposal to require parents to consent to their children using the open chat function on gaming and social media platforms.
California Assemblymember Josh Lowenthal (D) has reintroduced legislation from last year that would levy large fines on social media companies for negligent harm to youth. Lowenthal shelved his 2024 bill after the Senate chopped proposed fines from a $1 million maximum to $250,000.
“While we didn’t get this effort across the finish line last year, we’re not going to relent because families who have been hurt by the worst of social media are demanding a safer internet,” Lowenthal said.
There will also likely be a renewed effort to pass Age-Appropriate Design Code laws, which require online platforms to prioritize minors’ privacy and safety. California lawmakers passed the first such law in 2022, but a NetChoice lawsuit has stalled it. Maryland lawmakers passed a revised version last year that has not yet faced a legal challenge.