Supreme Court allows enforcement of Mississippi social media age verification law

By MARK SHERMAN, Associated Press

WASHINGTON (AP) — The Supreme Court on Thursday refused for now to block enforcement of a Mississippi law aimed at regulating the use of social media by children, an issue of growing national concern.

The justices rejected an emergency appeal from a tech industry group, NetChoice, that is challenging laws passed in Mississippi and other states that require social media users to verify their ages. The court had been asked to keep the law on hold while a lawsuit plays out.

There were no noted dissents from the brief, unsigned order. But Justice Brett Kavanaugh wrote to say that NetChoice could eventually succeed in showing that the law is indeed unconstitutional.

Kavanaugh said he nevertheless agreed with the court’s decision because the tech group had not shown it would suffer legal harm if the measure went into effect as the lawsuit unfolded.

NetChoice argues that the Mississippi law threatens privacy rights and unconstitutionally restricts the free expression of users of all ages.

A federal judge agreed and prevented the 2024 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.

It’s the latest legal development as court challenges play out against similar laws in states across the country.

Parents and even some teenagers are growing increasingly concerned about the effects of social media use on young people. Supporters of the new laws have said they are needed to help curb the explosive use of social media among young people, and what researchers say is an associated increase in depression and anxiety.

Mississippi Attorney General Lynn Fitch told the justices that age verification could help protect young people from “sexual abuse, trafficking, physical violence, sextortion, and more,” activities that Fitch noted are not protected by the First Amendment.

NetChoice represents some of the country’s most high-profile technology companies, including Google, which owns YouTube; Snap Inc., the parent company of Snapchat; and Meta, the parent company of Facebook and Instagram.

NetChoice has filed similar lawsuits in Arkansas, Florida, Georgia, Ohio and Utah.