Mississippi social media age verification law upheld by Supreme Court, enabling enforcement.
The Supreme Court of the United States has declined to block the enforcement of a Mississippi law regulating the use of social media by children, marking a significant development in the ongoing debate about online safety for young users.
The Mississippi law, which requires social media users to verify their ages, has been the subject of legal challenges since its introduction in 2024. A federal judge previously prevented the law from taking effect, but a three-judge panel of the 5th Circuit U.S. Court of Appeals ruled in July that the law could be enforced while the lawsuit proceeds.
The tech industry group NetChoice, which represents some of the country's most high-profile technology companies, including Google (YouTube), Snap Inc. (Snapchat), and Meta (Facebook and Instagram), has challenged the law. NetChoice argues that the Mississippi law threatens privacy rights and unconstitutionally restricts the free expression of users of all ages.
However, Mississippi Attorney General Lynn Fitch told the justices that age verification could help protect young people from various harmful activities such as sexual abuse, trafficking, physical violence, sextortion, and more. Fitch's arguments resonated with Justice Brett Kavanaugh, who agreed with the court's decision because NetChoice had not shown it would suffer legal harm if the measure went into effect as the lawsuit unfolded.
Kavanaugh wrote that NetChoice could eventually succeed in showing that the law is unconstitutional. Yet, for now, the Supreme Court has chosen not to intervene, allowing the law to go into effect.
This decision comes at a time when parents and some teenagers are growing increasingly concerned about the effects of social media use on young people. Supporters of the new laws argue they are needed to help curb the explosive use of social media among young people and associated increases in depression and anxiety.
Meanwhile, litigation continues to shape this evolving landscape, with legal challenges against social media age verification laws in the U.S. having mixed outcomes. Some laws, like Maryland’s pioneering age-appropriate design code, were initially enjoined, indicating judicial pushback against certain stringent age verification or design requirements. However, several other states, including Arkansas, Connecticut, Montana, Nebraska, and Vermont, have enacted similar laws without widespread legal blockage reported so far.
In addition, new app store laws requiring age verification and parental consent for minors to download or purchase apps have passed in Utah, Texas, and Louisiana, set to take effect in 2026. These laws focus on app stores rather than social media platforms specifically but represent a parallel trend in age verification regulation. No prominent legal challenges to these newer statutes are noted yet.
As the landscape of online safety regulations continues to evolve, it is clear that the debate will continue, with various stakeholders advocating for their respective positions. The Mississippi decision marks a significant step forward in the enforcement of age verification laws, but it is just one piece of a larger puzzle that is still being shaped by the courts.
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