States are rapidly adopting kids’ online safety laws that require age verification, parental controls, and limits on features like algorithmic feeds for minors on social media and other online platforms. However, tech industry groups have won a wave of First Amendment–based injunctions, putting many of these laws on hold as appeals advance in the Tenth, Eleventh, and Fifth Circuits.
Lynn Parker Dupree, head of Finnegan’s privacy practice, noted that companies can no longer rely on disclaimers: "For these laws that are already in existence, businesses should be aware that a statement that a tool or website was not meant for children is no longer going to be enough.” She added, “What businesses really have to do is truly understand how their platforms are being used, and if there are indicators that children are on the platform, they need to take the time to build in age gates or whatever structures are required when their tools are being used by minors."
Lynn emphasized that platforms must understand how minors use their services and implement appropriate safeguards. With major appeals pending, 2026 is expected to bring defining rulings on the constitutionality of kids’ online safety efforts.
