> Well, the test courts use when they evaluate the constitutionality of a law that curtails a fundamental right (such as speech) is twofold: 1) Does the law serve a compelling government interest? 2) Is the law narrowly tailored to serve that interest?
Almost right. Strict scrutiny has a third factor [1]: Does the law use the available method which is least restrictive of speech?
An alternative method to banning young children on social media could be to apply the caretaker-consent-or-ban condition on social media only for students on the physical premises of public schools while having the public schools teach students the pros and cons of social media (hopefully noting that social media is more helpful than harmful for most teenagers [2]). Enforcement would fall on parents and public school teachers. That's less restrictive of minors' speech rights because the ban doesn't apply everywhere, and also less chilling of social media sites' speech rights because having to collect more of users' personal information for age verification is burdensome. Not saying that my example method is a good one, just more likely to pass strict scrutiny.
I almost feel embarrassed to be so pedantic, but it's actually not clear that it is a third factor. Quite a few scholars interpret this requirement as being a component of "narrow tailoring", or vice versa. Realistically, I don't think many cases will hinge on this distinction: if a less restrictive method exists that can serve the compelling interest comparably well, then of course the more restrictive method isn't narrowly tailored, and is overbroad.
Thinking about this, the government is all over the place. A 16 year old minor can decide for themselves, the government trusts a parent to make the decision for a 14-15 year old, and the government doesn't trust anyone to make the decision for a 13 year old. Either a kid needs to be protected or they don't. If they do, either you trust the parents to make the decision or you don't.
I can't think of a single argument that fits with trusting a parent's choice for a 14 year old that doesn't trust it for a 13 year old, that also ignore's that parent's choice for a 16 year old.
Almost right. Strict scrutiny has a third factor [1]: Does the law use the available method which is least restrictive of speech?
An alternative method to banning young children on social media could be to apply the caretaker-consent-or-ban condition on social media only for students on the physical premises of public schools while having the public schools teach students the pros and cons of social media (hopefully noting that social media is more helpful than harmful for most teenagers [2]). Enforcement would fall on parents and public school teachers. That's less restrictive of minors' speech rights because the ban doesn't apply everywhere, and also less chilling of social media sites' speech rights because having to collect more of users' personal information for age verification is burdensome. Not saying that my example method is a good one, just more likely to pass strict scrutiny.
[1] https://en.wikipedia.org/wiki/Strict_scrutiny#Applicability
[2] https://www.techdirt.com/2023/12/18/yet-another-massive-stud...