Overview of Contested Youth Privacy & Safety Provisions in Pending State Law Litigation 

Since September 2022, eight U.S. states have enacted laws intended to address online youth privacy and safety. Six of these laws are currently subject to litigation, often on First Amendment grounds. In some cases, preliminary injunctions have already halted the laws from going into effect. These initial district court rulings provide a first look at what types of youth privacy and safety provisions present the greatest legal challenges, such as age assurance, parental consent requirements, and defining the scope of an act’s liability.

The initial wave of court decisions may inform what regulatory approaches will be most problematic for future legislation as well as other avenues to promote age-appropriate online experiences for children and teens. This resource includes court findings about key provisions currently at issue in youth privacy state law litigation cases.