MARYLAND NEWS – Social media platforms file lawsuit over Maryland law on privacy protections for children

Laila Kirkpatrick, Staff Writer 

The trade association that represents numerous social media platforms has asked a federal judge to block a Maryland state legislation that imposes privacy and other protections on children who use social media and online platforms. The lawsuit was filed by NetChoice and had been expected by others for months after the bill was passed into law. Chris Marchese, the director of litigation for NetChoice, called Maryland’s law “Orwellian overreach” and claimed that the group’s suit violates the First and 14th Amendment rights. Marchese released a statement claiming that “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.”  

The laws in question were signed into law in May and took effect in October. The laws require default privacy settings and safety measures for children and restrict the collection and sale of data from children.  The law also requires that social media companies complete assessments of new features due in 2026 that focus on the effects of new features on children. Many organizations that initially supported the laws have expressed their disappointment with NetChoice’s lawsuit. Todd Minor Sr. and Mia Minor are coalition members for the Maryland Kids Code and directors of the Matthew E. Minor Awareness Foundation. This foundation was named in honor of their son who died taking part in a social media challenge. The couple shared a statement saying, “ As painful as it has been to share the loss of our beloved 12-year-old son, Matthew, to a social media challenge, we feel his story, along with the stories of other affected parents, families, and communities, resonates and underscores the need for NetChoice member companies and Big Tech to update their business model as it relates to online child safety.”