The Supreme Court has upheld Mississippi’s law mandating age verification for users on social media platforms such as X, TikTok, Snapchat, and Instagram. This law, enacted in 2024, seeks to address growing concerns about children’s mental health linked to social media use. Parents and experts have highlighted issues like depression, anxiety, sexual exploitation, and trafficking, prompting a legislative response.
Attorney General Lynn Fitch emphasized the law’s purpose: to protect minors from dangers that “are not protected by the First Amendment.” The law requires social media platforms to exert reasonable efforts in verifying user age, a measure the state argues should already align with responsible business practices.
In contrast, NetChoice, a lobby group representing major tech platforms, claimed the law threatens user privacy and infringes on free speech. They stated that social media provides a critical space for young individuals to explore their identities and access needed resources.
Initially, a federal judge suspended the law, siding with NetChoice’s arguments. However, the 5th Circuit U.S. Court of Appeals later reversed this decision, allowing Mississippi to enforce the law. The Supreme Court’s unsigned order maintains the law’s enforcement while acknowledging a potential challenge to its constitutionality.
Justice Brett Kavanaugh noted that although NetChoice may ultimately prove the law unconstitutional, they had not sufficiently demonstrated immediate harm to warrant blocking its implementation at this stage.
Paul Taske, co-director of the NetChoice Litigation Center, expressed disappointment with the decision, labeling it “an unfortunate procedural delay.” He referenced Kavanaugh’s concurrence as a sign of confidence that their legal battle for First Amendment protections will succeed.
As the Supreme Court allows Mississippi’s law to remain in effect, the legal landscape surrounding social media regulation and minors continues to evolve, reflecting broader societal concerns around digital safety and youth well-being.
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