A federal judge blocked Texas from forcing Apple and Google to verify every app store user's age, calling the law akin to requiring ID checks at bookstore doors. The December 2024 ruling is the latest defeat in a wave of state attempts to age-gate the internet. Arkansas, Louisiana, Ohio, and Utah have all seen their social media age verification laws struck down as unconstitutional. But Florida scored a rare victory in November when the 11th Circuit allowed its under-14 ban to take effect while appeals continue—the first state law to survive preliminary challenges.
The stakes extend far beyond protecting kids online. At the core: Can states force platforms to verify user identities without violating free speech? The Supreme Court complicated everything in June 2025 by upholding Texas's porn site age checks under a lower constitutional bar. Now a circuit split is emerging. The Fifth Circuit embraced intermediate scrutiny for Mississippi's law, while other circuits maintain strict scrutiny for social media platforms. Tech giants face contradictory requirements across regions while children's safety advocates see most regulations dismantled in court. Twenty states have passed age verification laws since 2023. Most haven't survived first contact with the First Amendment.
U.S. Circuit Judge, Eleventh Circuit (Wrote dissent in Florida HB 3 case)
Letitia James
New York Attorney General (Leading implementation of New York SAFE for Kids Act)
Organizations Involved
NE
NetChoice
Trade Association
Status: Lead plaintiff challenging state age verification laws nationwide
Silicon Valley's legal cavalry, deploying First Amendment lawsuits against every state that tries to age-gate social media.
CO
Computer & Communications Industry Association (CCIA)
Trade Association
Status: Co-plaintiff in Texas SB 2420 challenge
The older sibling to NetChoice, representing Apple, Amazon, Google, and Facebook in age verification litigation.
EL
Electronic Frontier Foundation (EFF)
Digital Rights Advocacy Organization
Status: Opposing age verification mandates as privacy threats
Digital civil liberties watchdog arguing age verification creates surveillance infrastructure worse than the harms it claims to prevent.
U.
U.S. Court of Appeals for the Eleventh Circuit
Federal Appellate Court
Status: Allowed Florida HB 3 enforcement while litigation continues
Federal appellate court covering Alabama, Florida, and Georgia, emerging as a key battleground for age verification law constitutionality.
Timeline
Supreme Court Upholds Porn Age Verification
Legal
6-3 decision in Free Speech Coalition v. Paxton applies intermediate scrutiny to Texas HB 1181. Thomas writes majority; Kagan dissents. Creates pathway for age verification laws.
Texas SB 2420 Signed Into Law
Legislative
Governor Abbott signs App Store Accountability Act authored by Sen. Angela Paxton. Passed Texas House 120-9. Set to take effect January 1, 2026.
Arkansas Law Declared Unconstitutional
Legal
Judge Timothy Brooks rules Act 689 violates First Amendment, permanently blocking enforcement. Arkansas was first state to pass social media age verification law.
Texas App Store Law Blocked by Judge Pitman
Legal
Federal court issues preliminary injunction against SB 2420, preventing Apple and Google from having to verify all user ages starting January 1, 2026.
New York SAFE for Kids Act Takes Effect
Legislative
Law prohibits children under 18 from accessing addictive social media features without parental consent. Enforcement delayed pending Attorney General rulemaking process.
Louisiana Law Permanently Blocked
Legal
Judge deGravelles grants permanent injunction against Louisiana's social media age verification law, calling it "wildly underinclusive" and "vastly overinclusive."
House Committee Advances 18 Child Safety Bills
Legislative
Subcommittee forwards COPPA 2.0 and revised KOSA, among other bills. House version strips duty of care language, raising concerns from advocates.
New York SAFE Act Comment Period Closes
Regulatory
Public comment period ends on Attorney General James's proposed rules for implementing SAFE for Kids Act. Final rules expected in 2026, with enforcement beginning 180 days after.
11th Circuit Allows Florida HB 3 Enforcement
Legal
Appeals court lifts preliminary injunction in 2-1 decision, allowing Florida to enforce ban on under-14 accounts while constitutional challenge continues. First state social media law to survive preliminary judicial review.
11th Circuit Allows Florida Partial Enforcement
Legal
Appeals court lifts preliminary injunction in 2-1 decision, allowing Florida to enforce HB 3 while legal battle continues.
Utah Social Media Law Blocked by Judge Shelby
Legal
Chief Judge grants NetChoice's preliminary injunction request, preventing Utah from enforcing age verification requirements during litigation.
Federal Judge Blocks Florida HB 3
Legal
Judge Mark Walker grants preliminary injunction, ruling Florida law "likely unconstitutional." State appeals to 11th Circuit.
Florida Enacts HB 3, Bans Under-14 Accounts
Legislative
Governor DeSantis signs law prohibiting platforms from allowing users under 14, requiring parental consent for ages 14-15. Effective January 1, 2025.
Ohio Law Blocked Before Taking Effect
Legal
Federal court permanently enjoins Ohio's parental consent requirement after NetChoice lawsuit. Judge calls it a "breathtakingly blunt instrument."
FIRE Sues Utah Over Social Media Law
Legal
Foundation for Individual Rights and Expression files federal lawsuit contending Utah law violates First Amendment, due process, and commerce clause.
Arkansas Age Verification Law Blocked
Legal
Federal judge grants NetChoice's motion for preliminary injunction, blocking Act 689 at the last minute. First major court defeat for state age verification laws.
Ohio Passes Parental Notification Act
Legislative
Requires parental consent for minors under 16 to create social media accounts. Scheduled to take effect January 15, 2024.
Texas Enacts HB 1181 for Porn Age Verification
Legislative
Law requires websites where 1/3+ of content is sexually explicit to verify users are 18+. Becomes test case reaching Supreme Court in 2025.
Utah Passes First Social Media Age Verification Law
Legislative
Utah Social Media Regulation Act requires platforms to verify ages, restrict minor accounts, and obtain parental consent for users under 18. First-in-nation law sparks wave of state legislation.
Supreme Court Refuses COPA Appeal, Law Dies
Legal
Court declined government's final appeal, effectively killing the statute after 10+ years of litigation. Set precedent that age verification requirements face strict First Amendment scrutiny.
COPA Enacted to Restrict Minors' Access to Porn
Legislative
Child Online Protection Act required age verification for commercial porn sites. Never took effect; permanently enjoined after Supreme Court challenges.
Communications Decency Act Passes Congress
Legislative
CDA included age verification provisions for online content. Section 230 survived, but age verification requirements were struck down by Supreme Court in Reno v. ACLU (1997).
Scenarios
1
Supreme Court Applies Intermediate Scrutiny to Social Media Laws, States Prevail
The Supreme Court extends its June 2025 Free Speech Coalition reasoning beyond porn sites to social media platforms, ruling that age verification only "incidentally burdens" adult speech. Lower courts begin applying intermediate rather than strict scrutiny, allowing state laws to survive if they're "reasonably tailored" to protecting children. The current string of injunctions gets reversed on appeal. By 2027, a patchwork of state age verification requirements takes effect, with tech platforms implementing identity verification systems. Privacy advocates warn this normalizes digital ID requirements across the internet, while children's safety groups claim victory.
2
Courts Continue Striking Down State Laws, Federal Legislation Emerges
Discussed by: Tech Policy Press, congressional staffers quoted in Roll Call coverage of House child safety bills
Federal courts maintain strict scrutiny for social media age verification, systematically blocking state laws as unconstitutional content-based speech restrictions. The growing circuit split and state frustration pushes Congress to act. COPPA 2.0 passes with age verification study requirements and federal preemption language, preventing states from enacting their own laws. The compromise extends privacy protections to ages 13-16 but stops short of mandatory age gates. Tech platforms gain regulatory certainty through uniform federal standards, while state attorneys general lose their testing ground for child safety innovation.
3
Tech Platforms Implement Device-Level Age Signals, Bypassing Verification Debate
Discussed by: Digital Childhood Alliance analysis of Apple/Google APIs, California's device-level law approach
Apple and Google's new age verification APIs become the de facto standard, allowing apps to query device-level age categories without platforms collecting sensitive ID data. California's 2027 device-level approach proves more durable against constitutional challenges than state laws requiring platforms to verify identities. Other states copy California's model. The result: parental controls shift to device manufacturers rather than individual apps, with age categories (child, teen, adult) replacing hard verification. Critics note this still allows kids to lie about their age during device setup, making it security theater that satisfies neither safety advocates nor privacy groups.
4
Circuit Split on Scrutiny Standards Creates Regulatory Chaos
Discussed by: American Action Forum policy analysis, National Law Review tracking of divergent circuit approaches
The Fifth Circuit embraces Free Speech Coalition's intermediate scrutiny for social media laws, while the Ninth and Eleventh Circuits maintain strict scrutiny. Tech platforms face contradictory requirements across regions—age verification mandatory in Texas and Louisiana but blocked in California and Florida. Companies begin geofencing features by circuit, creating a fragmented internet. The Supreme Court eventually takes another case to resolve the circuit split, but the 5-4 decision is narrow and fact-specific, leaving states and platforms with continued uncertainty about what's constitutional.
Congress passed COPA in 1998 requiring commercial pornography websites to verify user ages, responding to the Supreme Court's 1997 decision striking down the Communications Decency Act's broader age verification provisions. COPA was immediately challenged and never took effect. The law bounced between district courts, appeals courts, and the Supreme Court twice before the Court declined the government's final appeal in 2009, effectively killing the statute after over a decade of litigation.
Outcome
Short Term
COPA never took effect. Courts repeatedly found age verification requirements imposed unconstitutional burdens on adult access to protected speech.
Long Term
Established precedent that age verification faces strict First Amendment scrutiny and must use least restrictive means. Courts recommended filtering software over mandatory verification.
Why It's Relevant Today
Today's state laws face identical constitutional arguments that killed COPA, with courts citing the same First Amendment concerns about burdening adult speech and requiring less restrictive alternatives.
Reno v. ACLU and the Communications Decency Act, 1997
1996-1997
What Happened
The Communications Decency Act of 1996 criminalized transmitting indecent material to minors online and required age verification for sexual content. The ACLU challenged it immediately. In 1997, the Supreme Court unanimously struck down the CDA's speech restrictions as unconstitutionally vague and overly broad, though Section 230's platform liability shield survived as severable.
Outcome
Short Term
First Supreme Court decision applying full First Amendment protections to internet speech. Age verification requirements struck down as unconstitutional.
Long Term
Established that online speech receives the same First Amendment protection as print, and that government cannot impose blanket age verification without violating free speech rights.
Why It's Relevant Today
The foundational precedent underlying every current challenge to state age verification laws. Courts continue applying Reno's logic that age verification unconstitutionally burdens adult access to protected speech.
Section 230 and Platform Liability Evolution, 1996-Present
1996-Present
What Happened
Section 230 of the Communications Decency Act gave internet platforms broad immunity from liability for user-generated content while encouraging voluntary content moderation. Originally intended to protect a nascent internet industry and incentivize removal of content harmful to children, courts interpreted it expansively. A 2008 case (Doe v. MySpace) held that platforms weren't liable even when minors were harmed after lying about their age, because Section 230 protected platforms from negligence claims for failing to implement age verification.
Outcome
Short Term
Platforms gained sweeping immunity from liability for third-party content and for failing to verify user ages or identities.
Long Term
Created tension between platform immunity and child safety. States now try to regulate platforms directly through age verification mandates rather than relying on liability—but these mandates face First Amendment challenges Section 230 doesn't.
Why It's Relevant Today
Explains why states shifted from liability-based approaches to direct regulatory mandates. But while Section 230 shields platforms from lawsuits, it doesn't exempt state age verification laws from First Amendment scrutiny.
