The challenge posed by trade groups is that the age verification law is a violation of free speech
The U.S. Supreme Court refused to hold off Mississippi law requiring users of social media platforms to verify their age and minors have parental consent.
The High Court decided Thursday not to accept the challenges from Netchoice, a trade group that includes Meta, Facebook and Instagram parent company, YouTube-owned Alphabet and Snapchat.
The judge denied a demand to block the law against the Washington-based High-Tech Industrial and Trade Association’s legal challenges law.
Judge Brett Kavanaugh said in a statement on the court’s order that Mississippi law is likely unconstitutional, but that NetChoice had not met the high bars in this early stages of the case to block action.
In a statement, Paul Taske, co-director of the NetChoice Litigation Center, said Kavanaugh’s views “clears that NetChoice will ultimately succeed.” Tasuke called the Supreme Court’s order “an unfortunate procedural delay.”
NetChoice has resorted to the Supreme Court after the New Orleans-based 5th Circuit Court of Appeals had it enforced, despite having the judge ruled it was likely to violate the initial amendment.
NetChoice sued in federal court in 2024 to override the law. This was passed unanimously in the state legislature amid lawmakers’ concerns about the potential negative impact of social media use on children’s mental health.
The urgent demand for judicial entities was marked only when the Supreme Court was asked to consider the Aging Act on Social Media.
The law requires social media platforms to obtain “explicit consent” from the minor’s parents or guardian before a child can open an account. It also states that regulated social media platforms must make “commercially reasonable” efforts to verify the age of users.
Under the law, states can pursue civil penalties of up to $10,000 for each violation and can pursue criminal penalties under the Mississippi State’s Deceptive Trade Practices Act.
Multiple lawsuits
U.S. District Judge Halil Suleyman Ozelden in Gulfport, Mississippi, blocked Mississippi’s state from enforcing restrictions on some net-cheech members last year.
Ozelden ordered two orders in June to suspend rules for Meta and its Instagram and Facebook platforms, Snapchat and YouTube, among others.
On July 17, the Fifth Circuit issued a one-sentence sentence that suspended the judge’s order without explaining the reason.
According to NetChoice, courts in seven states have blocked similar actions either pre- or permanently.
Some tech companies are fighting individually lawsuits brought on by the US, school districts and individual users, claiming that social platforms are exacerbating mental health issues. Companies are denial of fraud.
NetChoice said its members’ social media platforms have already adopted a broad policy to ease minor content and provide parental control.
In its request to the Supreme Court, the state justly said that age verification and parental consent requirements were “a common way for the state to protect minors.”
In May, Texas passed a law requiring Apple and Alphabet Google to check the age of app store users.
