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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.

See more...

Algorithms, 'addictive' features and age limits: The First Amendment's social media patchwork
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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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