The U.S. Supreme Court has allowed Mississippi's age verification law for social media to take effect while the case is pending. The unsigned ruling, issued on Thursday, declined an emergency petition from the trade association NetChoice, which represents major tech companies including Meta and Google. Justice Brett Kavanaugh, in a concurring opinion, indicated that the law may be unconstitutional but stated that NetChoice did not sufficiently demonstrate an imminent risk of harm.
The law, known as HB 1126, mandates that social media platforms verify the age of account creators and restrict users under 18 unless parental permission is granted. It also requires platforms to shield underage users from harmful content and limit data collection. Despite previously securing an injunction against the law, NetChoice faced a setback when the Fifth Circuit Court of Appeals lifted that injunction in April, allowing the law to proceed.
Justice Kavanaugh noted that several district courts have previously blocked similar laws, suggesting a complex legal landscape. He mentioned that NetChoice has a strong case regarding potential violations of First Amendment rights if the Mississippi law is enforced.
In response to the Supreme Court's decision, Paul Taske of NetChoice expressed disappointment but remained optimistic about ultimately prevailing in the legal battle. This ruling aligns with a broader trend in the U.S. and globally, where lawmakers are increasingly considering age verification requirements to protect minors from harmful online content. Similar laws have been upheld in other jurisdictions, including a recent Texas law regarding adult content.
Experts, such as Jennifer Huddleston from the Cato Institute, caution that while the ruling permits the law to take effect, it does not guarantee its constitutionality if challenged further in court.