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Mounting pressure to regulate children's use of technology in the United States raises the question: Is childproofing the internet constitutional?

In response to significant political pressure stemming from alarming revelations about young people's experience with digital technologies, a wave of state laws has recently passed across the U.S. They address a variety of online harms affecting children, ranging from exposure to pornography and risky content to manipulative design and social media access.

Most of the newly passed state laws have already been challenged, and those challenges are working their way up through the appeals process of the court system. In the 2024-25 term, the U.S. Supreme Court will review the constitutionality of a Texas law that obligates porn sites to block underage users in the case Free Speech Coalition v. Paxton.

The controversy found its way to the highest court after a federal district court determined that the law violated the First Amendment, but the 5th U.S. Circuit Court of Appeals overturned the lower court decision. The 5th Circuit ruling compared the new law with those banning the sale of pornography magazines to minors in the 1960s, which were ruled constitutional.

While the court considers the Texas law, the U.S. House will be considering the Kids Online Safety Act, known as KOSA, and the Children and Teens Online Privacy Protection Act, referred to as COPPA 2.0, because it updates the 1998 Children's Online Privacy Protection Act, COPPA. KOSA addresses addictive design features and parental controls, and COPPA limits data collection and use. Senate leaders merged the two into KOSPA, which passed 91-3.

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