WASHINGTON – The Supreme Court on Aug. 14 declined to block for now a Mississippi law imposing age verification and parental-consent requirements on social media sites.
NetChoice − which represents Facebook, Instagram, Reddit, X, YouTube and other sites – asked the Supreme Court to intervene after an appeals court said Mississippi could enforce its law while courts are deciding whether it’s constitutional. It's one of several state laws aimed at curbing the effects of social media on young people.
The New Orleans-based 5th U.S. Circuit Court of Appeals on July 17 lifted a hold put on the law by a federal district judge who had ruled that it likely violates the First Amendment.
U.S. District Judge Sul Ozerden had said the law is too broad, and parents have others way of monitoring their children’s use of social media.
The Supreme Court didn't explain its decision in the case. But Justice Brett Kavanaugh wrote that while Mississippi's law is likely unconsitutional, NetChoice didn't show that letting it be enforced during the legal challenge is sufficiently harmful.
NetChoice attorney Paul Taske called the court's decision "an unfortunate procedural delay."
“Although we’re disappointed with the Court’s decision, Justice Kavanaugh’s concurrence makes clear that NetChoice will ultimately succeed in defending the First Amendment − not just in this case but across all NetChoice’s ID-for-Speech lawsuits," Taske said in a statement.
A spokesperson for Mississippi Attorney General Lynn Fitch said the state is “grateful for the Court’s decision to leave Mississippi’s law in effect while the case proceeds in a way that permits thoughtful consideration of these important issues.”
Mississippi’s attorneys say the law is a targeted effort to regulate social media platforms that let predators interact with children.
"The Act requires what any responsible covered platform would already do: make 'commercially reasonable' efforts to protect minors," they told the Supreme Court.
They said the law was prompted by a 16-year-old boy taking his own life after someone he met on Instagram threatened to expose their sexual encounter unless he paid $1,000.
And they said Ozerden’s order blocking enforcement conflicts with the Supreme Court’s June decision upholding Texas' age verification law for pornographic websites.
NetChoice said the law forces every Mississippian – adults and minors alike – to surrender personal information to access online speech that's protected by the First Amendment.
"Social media is the modern printing press − it allows all Americans to share their thoughts and perspectives," said Paul Taske, co-director of the Net Choice Litigation Center. “Just as the government can’t force you to provide identification to read a newspaper, the same holds true when that news is available online."
This article originally appeared on USA TODAY: Supreme Court declines to block state law limiting kids' use of social media – for now
Reporting by Maureen Groppe, USA TODAY / USA TODAY
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