Tennessee Opposes Tech Industry's Emergency Petition To Block Social Media Law

Tennessee officials are opposing the tech industry group NetChoice's request for an emergency order blocking a new state law that prohibits Meta Platforms, TikTok, Snap and other social media companies from allowing minors under 18 to create accounts, without parental consent.

In papers filed late Thursday, Tennessee Attorney General Jonathan Skrmetti argues there is no reason to “hastily” halt a law that aims “to protect children from devastating harms.”

In addition to parental consent requirements, the "Protecting Children from Social Media Act,” which was enacted in May 2024 and took effect January 1, also requires social media platforms to verify all users ages.

In October, NetChoice -- which counts Meta, Snap, Google and other large tech companies as members -- sued to block the law, arguing that it violates platforms' First Amendment right to distribute content. The group also says the law infringes teens' First Amendment rights by restricting their ability to access media, and violates the First Amendment rights of all social media users by effectively requiring them to identify themselves before accessing content.

advertisement

advertisement

The judge initially assigned to the matter, U.S. District Court Judge William Lynn Campbell Jr. in Nashville, removed himself from the case earlier this month without issuing a decision. The case was then reassigned to U.S. District Court Judge Eli Richardson in Nashville.

Last week, NetChoice urged Richardson to issue a temporary restraining order blocking enforcement, arguing that its members are facing irreparable harm. The tech group elaborated that one member, the hyperlocal social platform NextDoor, has already blocked users under 18 from its platform due to the law.

Skrmetti counters in his new papers that NetChoice's members are not currently complying with the law. He specifically alleges that none of the organization's members, including NextDoor, have adopted age verification.

He also argues that NetChoice isn't entitled to an emergency order because it waited until October to sue.

“NetChoice has no justification for waiting 105 business days after the Act passed to challenge it,” Skrmetti contends. “Its five-month delay prejudiced the state by forcing it to retain experts, collect evidence, and prepare its defense on an artificially compressed basis. Such unexplained delays defeat interim relief.”

Tennessee isn't the only state to attempt to restrict teens' use of social media. Other states including New York, Arkansas, Mississippi, Ohio, Utah, Texas and California have passed statutes that either restrict teens' use of social media, or regulate companies' ability to serve content to teens. Many of those laws have faced court challenges, and so far judges have blocked all or parts of laws in Arkansas, Mississippi, Ohio, Utah, Texas and California.

Next story loading loading..