Comment by senshan

15 hours ago

If the judge finds that apps and books are so equivalent, then letting the apps require age verification should do no harm -- everyone underage or privacy-concerned will simply go to the bookstore or a library. Right?

Apparently, these are not quite equivalent. Like books and weapons, like books and alcohol, etc.

> If the judge finds that apps and books are so equivalent, then letting the apps require age verification should do no harm -- everyone underage or privacy-concerned will simply go to the bookstore or a library. Right?

That is obvious harm.

The equivalence is that children have first amendment rights (see Tinker v Des Moines) and speech delivered by the internet is still speech.

  • Good point, but judge's reduction it to a book equivalence is misleading and weakens the judgement.

    Porn may provide a suitable model: not all movies need age verification, so those can be viewed at any age. Some movies, however, do require age verification. Similar age ratings could be applied to apps. For example, Facebook only after 18 regardless of parent's approval.

    • > judge's reduction it to a book equivalence is misleading and weakens the judgement

      Good thing that isn't what happened. It is called an "analogy" and is not a factual statement of equivalence.

    • Porn has always been treated differently than other speech that is why most age verification laws want for it first. As for your other examples those are all technically voluntary, as it’s unlikely a government mandate that nobody under 17 can watch an R rated movie would pass constitutional muster. Parents can restrict what speech their kids say or hear but the government generally cannot in the US.

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