By: Miranda Neal, 3L, Center for Global Justice Staff
As the internet becomes an integral part of daily life, ensuring the safety and security of online spaces is crucial, particularly for minors. Over the last few years, nineteen states have passed age verification laws requiring adult websites and providers to verify their users’ ages before allowing access. These laws have become especially relevant in light of the United States Supreme Court granting certiorari on Free Speech Coalition, Inc. v. Paxton, a case challenging Texas’ age verification law, which could shape the future of protecting minors from harmful material online.
This semester, I had the privilege of working on a project related to age verification laws for the National Center of Sexual Exploitation, a non-profit organization aspiring to create a world free from sexual abuse and exploitation. NCOSE tasked my group with researching all nineteen states’ age verification laws. This analysis will provide NCOSE with a picture of the legal landscape and potential lawsuits that could be brought on behalf of children exposed to adult content in states with these laws.
While each state’s law varies, age verification regulations generally apply to websites with at least one-third of harmful content to minors. Most states have defined “harmful to minors” very broadly, leaving the application of the law to specific websites up for interpretation. There are, however, some exceptions. 47 U.S.C. § 230, also known as the Communications Decency Act, generally shields online platforms from legal liability for content posted by their users. Thus, many states have excluded search engines and cloud storage sites from regulation. Violations of the law differ depending on the state, but most include a civil remedy for the minor exposed to the harmful material, either brought on behalf of the child’s parent or guardian or, in some instances, the state’s Attorney General.
Working on this project for the Center for Global Justice has opened my eyes to all the potential dangers children face in the digital age. I look forward to seeing how the Supreme Court will rule in the fight to keep minors safe online.
This post was written by a student at Regent University School of Law. The views expressed in this post do not necessarily reflect those of Regent University, Regent Law School, or the Center for Global Justice.