The Supreme Court on Thursday rejected an internet trade group’s request to block Mississippi’s age verification law, which requires social media companies to confirm minors aren’t using their platforms or being exposed to harmful content.
NetChoice had asked the high court to block the state law as its legal challenges played out in lower courts over the potential First Amendment violations. The online business trade group says the law violates adults and minors’ right to access speech.
The Mississippi law requires minors to have consent from a guardian to use a social media platform. The penalties are as tough as a $10,000 fine and criminal liability.
The district court had blocked the state from enforcing its law, which was set to take effect in July 2024.
The 5th U.S. Circuit Court of Appeals reversed the lower court’s block on the legislation.
That prompted NetChoice to seek out the Supreme Court in July, asking it to intervene on an emergency basis.
“In a one-sentence order, the Fifth Circuit upended the First Amendment rights of Mississippi citizens seeking to access fully protected speech across social media websites,” NetChoice said in its filing.
The high court refused to do so Thursday.
According to NetChoice, the law affects nine of its members: Instagram, Facebook, Dreamwidth, Pinterest, Nextdoor, Snapchat, YouTube, Reddit and X.
Justice Brett M. Kavanaugh wrote in a concurrence with the high court’s refusal to block the law at this time that he doesn’t think the outlets will be harmed while the litigation plays out. However, he noted he recognizes First Amendment concerns.
“In short, under this Court’s case law as it currently stands, the Mississippi law is likely unconstitutional. Nonetheless, because NetChoice has not sufficiently demonstrated that the balance of harms and equities favors it at this time, I concur in the Court’s denial of the application for interim relief,” the Trump appointee wrote.
More than a dozen states require some form of age verification to protect children using social media.
Many have been challenged in courts by Netchoice, a pro-free enterprise and expression organization, and judges have delivered mixed results.
More than a dozen states require some form of age verification to protect children using social media.
Many have been challenged in courts by Netchoice, a pro-free enterprise and expression organization, and judges have delivered mixed results.
In a press release Thursday, NetChoice said the court’s move was disappointing.
"Justice Kavanaugh’s concurrence makes clear that NetChoice will ultimately succeed in defending the First Amendment—not just in this case but across all NetChoice’s ID-for-Speech lawsuits. This is merely an unfortunate procedural delay,” said Paul Taske, co-director of the litigation center with NetChoice.
• Alex Swoyer can be reached at aswoyer@washingtontimes.com.