The wave of state laws giving parents more authority over their children’s social media use started with a white paper from the Institute for Family Studies. This pro-marriage think tank was prompted to address the impact of social media on family life after concerned mothers at an event sought help with their children’s online activities. Rather than call for federal regulation of Big Tech’s practices, the report proposed framing the issue as one of parental rights, using contract law as a basis for new legislation.
Two years later, versions of this report’s recommendations have been adopted in at least nine states, invigorating the national debate over protecting youth online. “We were delighted and surprised, but we had no idea—no idea whatsoever—that this was going to gain traction,” said Michael Toscano, executive director of the institute, based in Charlottesville, Va. This initiative came at a time when President Joe Biden emphasized the need to hold social media companies accountable for the effects of their business practices on children.
The topic garnered bipartisan support, catching the eye of Utah Gov. Spencer Cox, who had recently established an office dedicated to strengthening families. Federal judges have paused age-based restrictions in six states from going into effect.
NetChoice, including Meta Platforms Inc. and Alphabet Inc.’s Google as members, successfully contested several of these laws, arguing that they infringed on free speech and privacy rights. Non-traditional families, such as divorced couples or people fostering children, face unique challenges under the new requirements focused on parents, said Paul Taske, associate director of the NetChoice Litigation Center.
Brad Wilcox, director of the National Marriage Project at the University of Virginia, co-authored the influential white paper along with Clare Morell, a fellow at the Washington-based Ethics and Public Policy Center; Adam Candeub, a senior fellow at the Center for Renewing America; and Jean Twenge, a San Diego State University psychology professor. Their report recommended treating social media accounts as contracts entered into by minors, requiring mandatory age verification, full parental access to a child’s account, and allowing parents to sue tech companies over violations.
Parental authority strengthens over children’s online use
The state laws also proposed requiring parental permission to create teen accounts and shutting them down overnight. Gov. Cox publicly called for laws giving parents more control over social media and invited Wilcox to speak at a youth social media summit in January 2023.
Two bills emerged from a group that included lawmakers and Aimee Winder Newton, director of Cox’s Office of Families. The legislation was influenced by social psychologist Jonathan Haidt and other researchers. “It was not a partisan issue,” said Winder Newton.
“Both Democrats and Republicans supported the bills, and that was really important to us.”
While the measures quickly passed with bipartisan support in multiple states, they faced legal challenges. A judge in Arkansas ruled against the state’s age verification and parental consent law, citing concerns over its broadness and potential infringement on free speech. NetChoice has since filed seven lawsuits against similar laws across the country.
In Utah, litigation came not only from Big Tech but also from groups like Hope After Polygamy, which argued that the restrictions could isolate teens in abusive households from crucial online information and support. The Foundation for Individual Rights and Expression (FIRE) backed the lawsuit. Despite these roadblocks, think tank authors later proposed model legislation to clarify that the regulations are based on a parent’s role in online contracts, rather than restricting speech.
“We do believe that these laws are constitutional and they can be legally defensible in court,” said Morell. As legal battles continue, Utah lawmakers have started to refine their 2023 laws to better balance parental authority and youth online protection.
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