A Mississippi law that requires age verification for users of social media sites can take effect, federal judges ruled Thursday. But a tech industry group says a court fight will continue.
A three-judge panel of the 5th Circuit U.S. Court of Appeals removed a block that a district judge last year put on the “Walker Montgomery Protecting Children Online Act.”
“Enacted after a sextortion scheme on Instagram led a 16-year-old Mississippian to take his own life, the Act imposes modest duties on the interactive online platforms that are especially attractive to predators,” Mississippi Attorney General Lynn Fitch wrote in court papers filed July 2, arguing for the law to take effect.
NetChoice, a tech industry group that sued the state, said the law creates risks to privacy, overrides parental authority and unconstitutionally limits speech for Mississippi residents of all ages.
The law says a minor must have permission of a parent or guardian to have a social media account, and it requires digital service providers to make “commercially reasonable efforts” to verify users’ ages. It also says social media companies could not collect, sell or share minors’ personal information and tech companies must have strategies to prevent minors from accessing “harmful material.”
Republican Gov. Tate Reeves signed the law in April 2024 after legislators unanimously approved it.
Members of NetChoice include the parent companies of Snapchat, Facebook and Instagram. The group sued Mississippi in June 2024 and a federal district judge blocked the law on July 1, 2024 – the day it originally was set to take effect.
Paul Taske, co-director of the NetChoice Litigation Center, said Thursday that the group is “considering all available options” after the appeals court decision.
“NetChoice will continue to fight against this egregious infringement on access to fully protected speech online,” Taske said. “Parents – not the government – should determine what is right for their families.”
Fitch’s office is “pleased with the court’s decision, and we look forward to full consideration in this case,” spokesperson MaryAsa Lee said.
The U.S. Supreme Court in June upheld a Texas law that requires people to verify they are adults to access pornography online. Nearly half of the states have enacted such laws, including Mississippi in 2023.
In response to questions from Mississippi Today on Thursday, NetChoice said the high court’s decision in the Texas case, which dealt with access to obscene material, “has no bearing” on the legal fight over the 2024 Mississippi law, which deals with constitutionally protected speech.
