A coalition of major social media companies is challenging a Maryland law designed to protect children online, arguing that it violates constitutional rights. The lawsuit, filed by NetChoice, pits tech giants against state lawmakers in a high-stakes legal showdown.
Industry Pushback Against the Maryland Kids Code
Social media companies wasted no time taking Maryland to court over its new digital privacy law. NetChoice, a trade association representing companies like Meta, X (formerly Twitter), and Google, has filed a lawsuit seeking to block the Maryland Kids Code, calling it an “Orwellian overreach.”
Chris Marchese, director of litigation for NetChoice, minced no words in his statement. “Turning websites into arms of government censorship violates the Constitution and creates new dangers for the very people this law claims to protect—while doing nothing to meaningfully improve online safety.”
At the heart of the lawsuit is the argument that the law infringes on First and 14th Amendment rights. The industry group contends that requiring social media platforms to monitor and restrict content creates an unconstitutional burden and sets a dangerous precedent.
What the Maryland Kids Code Requires
The Maryland Kids Code, enacted in May and effective since October, aims to tighten privacy and safety standards for minors online. The law imposes several restrictions on tech companies, including:
- Default privacy settings and safety measures for children.
- Limitations on data collection from minors.
- A ban on the sale of children’s data to third parties.
- A mandate for social media platforms to conduct impact assessments on new features by 2026.
Supporters argue that these provisions are necessary to curb online dangers for minors. Critics, however, say the law forces companies into a government role that contradicts free speech protections.
Parents and Advocates Fire Back
Supporters of the Maryland Kids Code, including parents who have lost children to social media-related dangers, expressed outrage over the legal challenge.
“The Maryland legislature and the people of Maryland have spoken. The online safety of our children is paramount,” said Todd Minor Sr. and Mia Minor, directors of the Matthew E. Minor Awareness Foundation. Their 12-year-old son, Matthew, died after attempting a social media challenge.
“As painful as it has been to share the loss of our beloved son, we feel his story, along with the stories of other affected parents, underscores the need for NetChoice member companies and Big Tech to update their business model as it relates to online child safety.”
The foundation is among many advocacy groups pushing for stricter regulations, arguing that tech companies have prioritized profits over child protection for too long.
A National Battle Over Child Online Safety Laws
Maryland isn’t the first state to take on Big Tech, and it likely won’t be the last. Similar laws aimed at restricting data collection and curbing harmful content for minors have been introduced across the U.S., leading to an ongoing legal tug-of-war between lawmakers and the tech industry.
A key question in the debate is whether laws like Maryland’s effectively protect children or if they instead create enforcement challenges and unintended censorship.
For now, the case is set to play out in federal court, where the battle between tech giants and regulators will shape the future of online child safety policies across the nation.
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