Whether a law that mandates age verification for all users of social media services violates the First Amendment.

This amicus brief highlights the constitutional defects of a California law that purports to protect consumer privacy but is actually an impermissible, content-based regulation of online speech. The brief urges that this law should be struck down while emphasizing that the court should rule narrowly and leave paths open for other consumer privacy laws to withstand First Amendment challenge.

The information generated by today’s digital devices and online services reveals private matters far beyond what one could learn from physical analogs. In a series of legal filings and a white paper, available below, the ACLU has argued that to keep apace with technological developments and adequately protect our privacy, the Fourth Amendment's warrant requirement must be interpreted robustly. Seizures and searches of digital data must be cabined to probable cause, limited to specific categories of information relevant to the investigation, and closely overseen by a neutral magistrate.