Supreme Court Allows Mississippi's Social Media Age-Verification Law to Proceed

The U.S. Supreme Court on Thursday declined to block Mississippi’s social media age-verification law, allowing it to take effect while legal challenges continue. The decision came in response to a request from NetChoice, an internet trade association, which sought to reinstate a lower court’s order that had protected social media companies from the new requirements.

In a brief, two-page order, the Court did not indicate any dissent among the justices. The law mandates that social media platforms verify the ages of users creating accounts and obtain parental consent for minors. It also requires these companies to implement strategies to shield young users from harmful content, including material that promotes self-harm, bullying, and substance abuse.

Violators of the law could face fines of up to $10,000 per violation, along with potential criminal penalties. NetChoice argued that the law would cause “immediate, irreparable” harm to its members, which include major platforms like Meta, X, and YouTube.

Mississippi Attorney General Lynn Fitch supported the law, stating that it is essential for protecting children online. “This law is a step forward in ensuring that our children are safe from harmful content on social media,” Fitch said in a statement.

The Supreme Court’s decision follows a ruling from the 5th Circuit Court of Appeals, which lifted a district judge’s blockade on the statute. NetChoice’s application to the Supreme Court was filed after this ruling, emphasizing the urgency of their concerns regarding the law’s implications for free speech.

While the Supreme Court did not provide a detailed explanation for its decision, Associate Justice Brett Kavanaugh wrote a concurring opinion. He noted that while NetChoice had not sufficiently demonstrated that the balance of harms favored them at this time, they had shown a likelihood of success on the merits of their case. Kavanaugh stated, “Enforcement of the Mississippi law would likely violate its members’ First Amendment rights under this Court’s precedents.”

Kavanaugh also pointed out that several federal district courts have previously enjoined similar state laws, indicating a trend in judicial skepticism toward such regulations. “In short, under this Court’s case law as it currently stands, the Mississippi law is likely unconstitutional,” he wrote.

The case is part of a broader trend of legal battles over state regulations affecting social media platforms. Last year, the Supreme Court issued a unanimous decision regarding laws in Florida and Texas that aimed to limit the ability of tech companies to censor content. In that instance, the Court did not rule on the merits but sent the issue back to lower courts for further consideration.

As the legal landscape surrounding social media regulation continues to evolve, the Mississippi law will be closely monitored by both supporters and critics. Proponents argue that it is a necessary measure to protect children, while opponents contend that it infringes on free speech rights and places undue burdens on social media companies.

The Mississippi law’s implementation will likely prompt further legal scrutiny as stakeholders assess its impact on users and platforms alike. The ongoing debate over age verification and content regulation in the digital space remains a contentious issue, with implications for privacy, free speech, and child safety.