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Tech industry trade group sued to block Mississippi law

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NetChoice claims the law violates free speech protections

By Mike Scarcella

WASHINGTON, Aug 14 (Reuters) - The U.S. Supreme Court

declined on Thursday to put on hold Mississippi law requiring

that users of social media platforms verify their age and that

minors have parental consent in a challenge by a trade group

whose members include Meta's Facebook, Alphabet's

YouTube and Snapchat.

The justices denied a request by NetChoice to block the law

while the Washington-based tech industry trade association's

legal challenge to the law, which it argues violates the U.S.

Constitution's protections against government abridgement of

free speech, plays out in lower courts.

Justice Brett Kavanaugh in a statement about the court's

order said the Mississippi law was likely unconstitutional, but

that NetChoice had not met the high bar to block the measure at

this early stage of the case.

NetChoice had turned to the Supreme Court after the New

Orleans-based 5th U.S. Circuit Court of Appeals let the law take

effect even though a judge found it likely runs afoul of the

First Amendment.

NetChoice sued in federal court in 2024 in a bid to

invalidate the law, which was passed unanimously in the state

legislature amid concern by lawmakers about the potential

negative effects of social media use on the mental health of

children.

Its emergency request to the justices marked the first time

the Supreme Court was asked to consider a social media

age-verification law.

The law requires that a social media platform obtain

"express consent" from a parent or guardian of a minor before a

child can open an account. It also states that regulated social

media platforms must make "commercially reasonable" efforts to

verify the age of users.

Under the law, the state can pursue civil penalties of up to

$10,000 per violation as well as criminal penalties under

Mississippi's deceptive trade practices law.

U.S. District Judge Halil Suleyman Ozerden in Gulfport,

Mississippi, last year blocked Mississippi from enforcing the

restrictions on some NetChoice members.

Ozerden issued a second order in June pausing the rules

against those members, including Meta and its Instagram and

Facebook platforms, Snapchat and YouTube.

The 5th Circuit on July 17 issued a one-sentence ruling that

paused the judge's order, without explaining its reasoning.

Courts in seven states have preliminarily or permanently

blocked similar measures, according to NetChoice.

Some technology companies are separately battling lawsuits

brought by U.S. states, school districts and individual users

alleging that social platforms have fueled mental health

problems. The companies have denied wrongdoing.

NetChoice said the social media platforms of its members

already have adopted extensive policies to moderate content for

minors and provide parental controls.

In its request to the Supreme Court, the state told the

justices that age-verification and parental consent requirements

"are common ways for states to protect minors."