Marketplace Tech 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, explains why blanket bans on minors likely conflict with First Amendment protections. He surveys state laws and court pushback. He argues for targeting surveillance-driven business models instead of cutting young people out of public discourse. He also explores how data collection fuels harms and recent liability verdicts could change strategy.
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Blanket Social Media Bans Threaten Free Speech
- Aaron Mackey says blanket bans cut kids off from major platforms and will likely violate their First Amendment rights.
- He argues young people have the same speech rights as adults and social media hosts predominant lawful speech and civic activity.
Age Gates Create Legal and Privacy Problems
- Mackey notes many state laws requiring age gates or parental permission have been blocked for First Amendment violations.
- Age verification measures also risk infringing adult rights by restricting access and gathering identity data.
Regulate Business Models Not Users
- Mackey advises targeting platforms' surveillance-based business models instead of banning access for minors.
- He recommends comprehensive consumer data privacy laws to stop invasive tracking and empower user control.