Constitutional Law
Oct. 28, 2026
Algorithms, 'addictive' features and age limits: The First Amendment's social media patchwork
Federal courts are drawing different First Amendment lines as states crack down on minors' social media use, with restrictions on account access facing a lower constitutional bar than laws targeting a platform's messaging.
Krista L. Baughman
Partner
Baughman Law
1255 Treat Blvd., Suite 300
Walnut Creek , CA
Phone: (925) 310-6033
Email: krista@baughmanlaw.com
Brooklyn Law School; Brooklyn NY
Krista's practice focuses on First Amendment and anti-SLAPP law and litigation.
When states try to protect children from social media, does it matter whether they regulate what platforms show kids or whether kids can get on at all? Where does the First Amendment draw the line?
This is a complex puzzle, and so far, we only have a few pieces. But patterns are emerging. When a state regulates what platforms show kids, the key question is whether the platform's choices are its own expression--which may hinge on whether humans shaped the underlying message. Whe...
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