Marchand: Illinois online age-verification bill ‘poses serious First Amendment concerns’

Ross Marchand, Executive Director of the Taxpayers Protection Alliance
Ross Marchand, Executive Director of the Taxpayers Protection Alliance
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Ross Marchand, Executive Director of the Taxpayers Protection Alliance, said an Illinois proposal requiring age verification across internet-connected devices and websites threatens free speech and personal privacy.

“This deeply misguided legislation would mandate age-verification measures for access to the digital domain. Forced age verification poses serious First Amendment concerns by cordoning off access to lawful digital content and introducing new burdens on protected online expression,” Marchand said. 

House Bill 5511, known as the Children’s Social Media Safety Act, would require operating-system providers by Jan. 1, 2028, to collect a user’s age or birth date during device setup and provide websites and applications with age-category signals identifying whether a user is a minor. Covered online platforms would also be prohibited from operating in Illinois without complying with the law’s digital age-assurance requirements.

The legislation passed the Illinois House in April by an 82-27 vote after receiving backing from Gov. JB Pritzker and sponsorship from state Rep. Jennifer Gong-Gershowitz (D-Glenview), according to Evanston Roundtable. Supporters say the bill is intended to curb addictive social media features targeting minors and shift enforcement responsibilities away from individual websites and apps.

The proposal has drawn criticism from privacy advocates, open-source software developers, and free-speech groups who argue the measure would require online services to assess or verify user age in order to determine whether access restrictions apply. The Electronic Frontier Foundation warns that age-verification mandates can undermine anonymous speech and require the collection of sensitive personal information.

“This bill has nothing to do with children’s online safety and everything to do with expanding state control over digital content. Lawmakers must take a stand for privacy and free expression and oppose this bill,” Marchand said.

The Senate Executive Committee has scheduled a hearing for this bill for Wednesday, May 27, 2:30 p.m. CT.

The Taxpayers Protection Alliance is a nonpartisan nonprofit organization focused on researching and analyzing the economic impact of government policies. Through public outreach, policy commentary, and digital media engagement, the group advocates for fiscal accountability while encouraging taxpayer engagement with elected officials, according to the organization’s website.




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