by Lindsey Schwartz*
The drastic expansion in collection of consumer personal data and concerning trends in children’s health and safety, correlated with their increased time spent online, further revealed the inadequacy of current regulatory protections and motivated a recent wave of children’s privacy and online safety legislation. As a result, companies are challenging the regulations’ constitutionality, primarily in the form of alleged First Amendment violations. This Contribution argues that, despite a recent court decision finding otherwise, the California Age-Appropriate Design Code regulates children’s privacy largely within the bounds of the First Amendment, while concurrently identifying the provisions of the Code that may be constitutionally uncertain. Finally, this Contribution proposes alternative options for age-appropriate design codes that would more easily survive First Amendment scrutiny while still protecting children’s privacy interests.