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Apr 6, 2026

Would banning teens from social media violate their First Amendment rights?

California bill AB-1709 aims to ban all kids under the age of 16 from creating or maintaining any social media accounts. However, free speech advocates worry that this could infringe on the rights of both children and adults.

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Would banning teens from social media violate their First Amendment rights?
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Four months after Australia’s landmark law that banned all minors under the age of 16 from creating or owning social media accounts, the California legislature is trying to follow suit.

But free speech advocates worry that these laws will infringe on the First Amendment rights of many kids and even adults. However, Aaron Mackey, the free speech and transparency litigation director at the nonprofit Electronic Frontier Foundation, says there is growing sentiment to regulate and protect children from the harms of social media.

“Marketplace Tech” host Meghan McCarty Carino spoke with Mackey about how we can still protect kids and consumers without restricting free speech.

The Team

Would banning teens from social media violate their First Amendment rights?