July 21 (Reuters) - An internet trade association whose
members include Facebook, YouTube and Snapchat asked the U.S.
Supreme Court on Monday to block a Mississippi law that imposes
age-verification and parental-consent requirements on social
media sites.
Washington, D.C.-based NetChoice said in its filing that a
5th U.S. Circuit Court of Appeals panel improperly allowed the
Mississippi law to take effect even though a judge had found the
regulations likely violate constitutional free speech
protections.
The law requires minors to obtain parental consent to open
accounts at certain kinds of digital service providers, and says
regulated platforms must make "commercially reasonable" efforts
to verify users' ages. 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.
NetChoice's emergency
filing
provides the first opportunity for the Supreme Court to
consider a social media age-verification law.
"Just as the government can't force you to provide
identification to read a newspaper, the same holds true when
that news is available online," Paul Taske, co-director of the
NetChoice Litigation Center, said in a statement.
The Mississippi attorney general's office in a statement
welcomed the 5th Circuit's order permitting the law to take
effect and said it looked forward to the appellate court's full
consideration of the case.
Courts in Florida, Texas and five other states have
preliminarily or permanently blocked similar measures, NetChoice
said in its filing. Only Mississippi has been allowed to
implement its rules.
NetChoice, which sued to block the Mississippi law in
2024, said in Monday's Supreme Court filing that its members'
social media platforms have already adopted extensive policies
to moderate content for minors and provide parental controls.
States increasingly have sought ways to mitigate the
potentially harmful effects of social media on young people.
Some big technology companies are separately battling
lawsuits from U.S. states, school districts and individual users
alleging social platforms have fueled mental health problems.
The companies have denied any wrongdoing.
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.
A Fifth Circuit appeals panel last week issued a
one-sentence ruling that paused the lower court order, without
explaining its reasoning.
The case is NetChoice v. Fitch, U.S. Supreme Court, not yet
assigned.
For applicant: Scott Keller of Lehotsky Keller Cohn
For respondent: No appearance yet
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