bbieron@platformeconomyinsights.com

Another Week. Another State Social Media Teen Law Blocked – Georgia

Jul 1, 2025

Report from MediaPost

In Brief – Federal District Judge Amy Totenberg has blocked enforcement of Georgia law SB 351, the Protecting Georgia’s Children on Social Media Act. In her 50-page order she says, “The state seeks to erect barriers to speech that cannot withstand the rigorous scrutiny that the Constitution requires.” The law requires social media platforms to verify users’ ages, prohibits users under age 16 from creating accounts unless they receive parental permission, and prohibits the platforms from displaying targeted ads to users under age 16. Judge Totenberg said the parental consent mandate “would dramatically curb minors’ ability to speak and access to speech.”  Clearly aimed at traditional social media sites like Instagram, TikTok and Snapchat, SB 351 defines covered platforms as those allowing users to create profiles, upload material, view user-generated content, and interact with other users. However, because many platforms employ those features, the state can exempt platforms that are certified as predominantly serving other purposes, such as news, sports, or gaming. The judge said the exemption process also “dooms” the law’s constitutionality by forcing the state to make discretionary calls about content.

Context – States keep passing laws regulating social media on the premise that they are harmful to teens. And the laws keep getting blocked by federal judges. Georgia is the most recent example, following on the heels of MississippiOhioUtahArkansas, and California. Although the Supreme Court recently ruled that a Texas law requiring online pornography sites to employ age verification was constitutionally acceptable, applying “intermediate” scrutiny to the law, the Court’s majority noted that minors had no First Amendment right to access pornography, and while adults did, age checks only impacted the adults incidentally. The federal judges blocking the state social media laws are consistently ruling that teens have clear First Amendment rights to use social media platforms, therefore the laws must be judged using “strict” scrutiny.

View By Monthly
Latest Blog
Yelp Wins Legal Ruling in Antitrust Battle with Google

Report from Courthouse News Service In Brief – Federal Magistrate Judge Susan Van Keulen has ruled that Yelp, a leading internet company critic of Google’s search practices, can rely on District Judge Amit Mehta’s 2024 decision in the Justice Department’s landmark...

Illinois Governor Signs Robust AI “Safety” Law

Report from CBS News In Brief – Illinois Governor JB Pritzker (D) has signed the AI Safety Measures Act into law pushing the state to the forefront of AI regulation. The law imposes “safety” requirements on companies developing so-called frontier AI models, including...

Japan Moving to Regulate Social Media and AI in Election Campaigns

Report from Nippon.com In Brief – Japan's House of Representatives, the lower chamber of the Diet, has approved two bills by a majority vote that are intended to address the misuse of social media during election campaigns. The bills, which must next be considered by...

UK CMA Joins the Apple and Google App Store Global Regulation Parade

Report from Reuters In Brief – Britain’s Competition and Markets Authority (CMA) has announced its proposed new regulations to require Apple’s and Google’s app stores to allow app developers to direct users to third-party payment options to increase competition and...

Platform Economy Insights produces a short email four times a week that reviews two top stories with concise analysis. It is the best way to keep on top of the news you should know. Sign up for this free email here.

* indicates required