Marketplace All-in-One Would banning teens from social media violate their First Amendment rights?
Apr 6, 2026
Aaron Mackey, Free Speech and Transparency Litigation Director at the Electronic Frontier Foundation, defends digital free-speech and privacy. He discusses why blanket bans on teens' social media raise First Amendment concerns. He explains limits of past state laws, argues for regulating surveillance-based business models instead, and explores how platform data collection fuels harms and legal shifts.
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Blanket Social Media Bans Threaten Minors’ Free Speech
- Banning kids under 16 from social platforms would cut them off from primary public forums for lawful speech.
- Aaron Mackey warns such bans violate minors' First Amendment rights and remove access to political, religious, and social speech.
Age Gates And State Bans Face Legal Roadblocks
- Most state laws that ban or gate minors on social platforms have been legally blocked for First Amendment conflicts.
- Aaron Mackey notes age-verification gates also raise free-speech and adult-rights concerns when implemented.
Regulate Surveillance Not Speech
- Target companies' surveillance business models instead of wholesale bans to protect kids and users.
- Aaron Mackey suggests comprehensive consumer data privacy laws to curb invasive tracking that fuels harmful targeting.