ARTICLE
2 March 2026

States Push Forward With Kids Protection Laws, But Courts Push Back

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Sheppard, Mullin, Richter & Hampton LLP

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State lawmakers have been responding to perceived gaps in COPPA and fears over children's use of social media by introducing a variety of laws in their states.
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State lawmakers have been responding to perceived gaps in COPPA and fears over children's use of social media by introducing a variety of laws in their states. Most of these have been challenged on free speech grounds, but some seem to be hanging on. Will more courts follow the 5th Circuit this year, which signaled skepticism over whether these laws truly burden speech? While we watch this play out, it is helpful to look at where things stand right now. The laws can be divided into four groups, which we will look at this week.

First are those that try to reduce children's social media access. Second, laws that require age verification before children can use the platform. Third, those that regulate kids' internet access. And finally, those that modify comprehensive state privacy laws.

Putting It Into Practice: these evolving laws underscore the need to adapt to a patchwork of requirements. While we anticipate ongoing challenges, legislators are continuing to draft new or revised laws. A principles-based approach can help in this shifting environment.

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