A new Utah law intended to keep kids from accessing pornography and other kinds of “harmful material” online is raising critical questions about the First Amendment rights of young people and the privacy implications of checking IDs at websites’ proverbial doors.
Policymakers who pushed for the law say it will help protect kids from mental health issues and other risks that can arise from viewing certain kinds of material online. But what counts as “harmful,” exactly? The law is aimed at pornography, but it extends to virtually any commercial website with content that does not have “literary, artistic, political or scientific” value for minors and that makes up more than a third of all material on that site. With the law now in effect this month, anyone in Utah can sue violators if a minor accesses content on their website. Nonprofit-run sites, search engines and news-gathering organizations are exempt from liability.
Utah passed another law earlier this year to regulate minors’ access to social media platforms, which requires teens to get parental consent to use the platforms and prohibits them from using such platforms between 10:30 p.m. and 6:30 a.m. Research has shown that social media can be harmful to the mental health of young people. But age verification and time curfews might not be the best solutions to the problems that lawmakers have trained their focus on.
Heidi Tandy, a lawyer and First Amendment speech researcher, says it’s worrying that policymakers don’t consider kids’ rights. “It's very clear that there is a sliding scale of First Amendment rights for those under the age of 18,” Tandy told me.











