Constitutional questions raised over digital age verification bill
[May 29, 2026]
By Jim Talamonti | The Center Square
(The Center Square) – Constitutional concerns surround state legislation
aimed at verifying the age of internet and social media users.
Illinois state Sen. Willie Preston, D-Chicago, said House Bill 5511 is
focused on protecting children in the digital age.
“This legislation creates an age assurance system that allows platforms
to identify whether a user is a minor without unnecessarily collecting
excessive personal information,” Preston told the Senate Executive
Committee.
HB 5511 calls for age verification from internet-enabled device
providers and “covered providers,” limits notification hours and
prohibits the automatic playing of media to a covered minor by default.
NetChoice Director of Policy Patrick Hedger urged lawmakers to reject
the measure.
“While we share this committee’s concerns for children’s online safety,
this bill would trample on the speech rights while endangering online
safety of users of all ages,” Hedger said.
Hedger said Illinois could face costly legal challenges after NetChoice
secured permanent injunctions against digital ID mandates in Arkansas,
Louisiana and Ohio.
Hedger said HB 5511 is unconstitutional because it regulates activity
outside of Illinois.
The bill is supported by Illinois Gov. J.B. Pritzker’s office.
Minnesota Gov. Tim Walz recently signed legislation requiring social
media companies operating in his state to ensure they obtain “verifiable
parental consent” for children under 16 looking to make a social media
account.
NetChoice testified against the Minnesota bill, saying it would
compromise data security, restrict constitutionally-protected speech and
unleash a wave of litigation.
When Sen. Cristina Castro, D-Elgin, raised questions about the age
verification process, Lindsey Volz from Pritzker’s office said the bill
does not stop children from having apps or seeing content.
“Children have the right to download Snapchat and chat with their
friends or any of these social media sites. It would just limit the use
of the addictive algorithm,” Volz said.
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Sen. Sue Rezin, R-Morris, asked Preston why a provision was removed
that prohibited pornography on digital platforms for minors.
“Are you or the governor’s office saying that you support allowing
pornographic material on platforms for minors to see?” Rezin said.
“Absolutely not,” Preston said.
Preston said some colleagues cited speech rights and had challenges
with the provision.
“Whether that was correct or not, we decided to make sure that we
limited this bill to what its original intent was, which was to
protect children online from addictive feeds and being preyed upon,”
Preston said.
Illinois Senate Republican Leader John Curran, R-Downers Grove,
wondered why the bill places obligation on device manufacturers and
not just social media platforms.
In response, Volz said California passed a device-level age
assurance bill last year.
After several senators expressed concern about private right of
action, Preston said the intent is to not have a private right of
action and he would be happy to bring forth an amendment to clarify
it.
Committee chair Castro said the bill needs further clarifications.
“There’s a confusion between device level and operating level. I
understand you’re going to put an agent in a device, but how does
the device speak to you if you open up Safari,” Castro said.
“What is a covered platform?” Castro asked.
In addition to Pritzker’s office, proponents of the bill include
Common Sense Media and the Greater Chicagoland Black Chamber of
Commerce.
Opponents include the ACLU, the Illinois Chamber of Commerce and the
Taxpayers Protection Alliance.
Castro agreed to let HB 5511 pass out of committee with the
understanding that it would come back for further discussion.
Elyse Apel contributed to this story.
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