Social media sites sue Georgia over law requiring kids to have parental permission before using

A new law in Georgia that requires parents to give permission for children under 16 to use social media is facing a legal challenge. A lawsuit claims that this law violates the First Amendment's right to free speech and the 14th Amendment's right to due process.

Background

In 2024, Georgia Governor Brian Kemp signed Senate Bill 351 into law. This law states that children younger than 16 must have explicit parental consent to create social media accounts. Starting July 1, 2025, social media companies will need to check the ages of their users. Additionally, the law limits how these companies can tailor advertisements for children under 16 and restricts the amount of data they can collect about them. The lawsuit, filed by NetChoice (an industry group), argues that these restrictions are also illegal.

State officials claim that the main goal of the law is to reduce cyberbullying and address mental health issues related to social media use among young people. Similar laws in states like Arkansas and Ohio have been struck down by federal judges, and similar cases are still ongoing in Florida, Louisiana, Mississippi, and Tennessee.

What People Are Saying

Paul Taske, an associate director at NetChoice, stated that "Georgia’s SB 351 unconstitutionally blocks access to protected online speech and forces Georgians to surrender their private information just to use everyday digital services." He emphasized that this law is unconstitutional and pointed out that courts in other states have ruled similarly. NetChoice has chosen not to challenge a separate part of the law that requires age verification for adult content websites, as there is an ongoing legal case regarding Texas’ similar law.

On the other hand, Georgia officials are committed to defending the law. Georgia Attorney General Chris Carr criticized the industry for opting to sue rather than collaborate to protect children from online dangers. State Senator Jason Anavitarte, who sponsored the bill, echoed this sentiment, saying he will continue working to give parents more tools to keep their kids safe online.

Broader Context

This dispute highlights the ongoing debate about whether social media use is harmful to children and teenagers, contrasting it with the need to protect free speech. While Georgia and several other states are pushing for parental consent, Australia has taken a more drastic measure by banning social media for children under 16, as it lacks constitutional protections for free speech.

In the U.S., some members of Congress have also suggested laws requiring parental consent for minors using social media. Currently, social media companies already prohibit children under 13 from joining their platforms due to federal regulations, but many children still manage to bypass these restrictions. According to the Pew Research Center, nearly 95% of teens aged 13 to 17 use social media, with over a third of them saying they are online "almost constantly."