Rules counsel: parental-consent social-media bill raises unresolved First Amendment questions

Tim Fleming, the rules attorney, told the Rules Committee that House Bill 2991 — which would prevent social media platforms from allowing minors below a specified age to create accounts without parental consent and prescribes different rules by age — raises unsettled First Amendment questions. "There's a tension that's unresolved right now," Fleming said, noting that courts in different states have reached different outcomes and that the area of law remains under development.

A sponsor or stakeholder representative told the committee they have spent more than six months negotiating language with a wide group of stakeholders to produce a constitutionally viable proposal. Fleming said he would supply case citations and that some matters have already been the subject of emergency applications to the U.S. Supreme Court, with at least one state-level case where the court suggested a law was "likely unconstitutional" in an emergency posture.

The committee recommended HB 2991 as constitutional and in proper form by a recorded vote of 4 ayes, 2 nays and 2 absent; Fleming and members emphasized continued work with stakeholders and possible floor amendments.

Why it matters: The measure implicates free-speech rights of minors, parental authority, and platform regulation; inconsistent case law across jurisdictions increases litigation risk and the potential for federal court review.

Next steps: Rules counsel will provide case citations to members; sponsors will continue stakeholder negotiations and may offer floor amendments before floor action.