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Supreme Court Lets Mississippi Enforce Social Media Age-Verification Law

Justice Kavanaugh signaled the law probably breaches First Amendment protections during appeals over its constitutionality.

FILE - The Supreme Court in Washington, Oct. 9, 2018. (AP Photo/Pablo Martinez Monsivais)
The US Supreme Court is seen in this June 2024 photo.
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A view of the U.S. Supreme Court building in Washington, U.S., June 17, 2024. REUTERS/Evelyn Hockstein/File Photo

Overview

  • The Court denied NetChoice’s emergency request to pause House Bill 1126, allowing enforcement against major platforms such as Meta, YouTube and Snapchat while lower courts decide the case.
  • Mississippi’s statute requires platforms to verify users’ ages, obtain parental consent for minors and take “commercially reasonable” steps to protect young people, with civil fines up to $10,000 per violation and possible criminal penalties.
  • In a concurring opinion, Justice Brett Kavanaugh said NetChoice has shown it will likely win on free-speech grounds but failed to demonstrate that enforcement would cause irreparable harm.
  • The 5th U.S. Circuit Court of Appeals lifted a district judge’s preliminary injunction in July, reinstating the age-verification and consent requirements pending the outcome of ongoing litigation.
  • The challenge is part of a larger wave of state efforts to curb online harms to children, triggering similar First Amendment and privacy lawsuits across both red and blue states.