
A three-judge panel of the
conservative 5th Circuit Court of Appeals on Thursday lifted a block on Mississippi's social media law, which requires social platforms to verify all users' ages, and prohibits minors from creating
social media accounts without parental permission.
The appellate judges didn't give a reason for their decision. The court's move allows Mississippi officials to enforce the
law while the case proceeds in court.
NetChoice, which sued over the law, said Thursday it is "considering all
available options."
"NetChoice will continue to fight against this egregious infringement on access to fully protected speech online," Paul Taske, co-director of the NetChoice
Litigation Center, stated.
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In addition to requiring parental consent for social media, the Mississippi law also requires social platforms to “prevent or
mitigate” minors' exposure to “harmful material” -- defined as including material that promotes or facilitates eating disorders, substance abuse, sexual abuse and online
bullying.
NetChoice argued in its challenge to the law that it violates the First Amendment by restricting lawful speech of its members and their users.
U.S. District Court Judge Halil Ozerden in the Southern District of Mississippi sided with NetChoice and prohibited the state from enforcing the
law against eight companies -- Dreamwidth, Meta Platforms, Nextdoor, Pinterest, Reddit, Snapchat, X and YouTube.
Mississippi Attorney General Lynn Fitch recently petitioned the
5th Circuit to lift that injunction, arguing that the law reflects a valid attempt to protect teens from "predatory harm."
On Wednesday, NetChoice opposed that request for
numerous reasons. Among others, the group said the parental-consent mandate doesn't mesh with the law's stated goal of protecting minors, arguing that if social platforms were actually dangerous for
teens, it wouldn't make sense to allow them to access those platforms with parental permission.