The U.S. Supreme Court has declined to block, for now, a Mississippi law requiring age verification and parental consent for minors to use social media platforms. The decision allows the law to remain in force while courts consider whether it is constitutional.
The case was brought by NetChoice, a trade group representing major platforms including Facebook, Instagram, Reddit, X, and YouTube, which argued that the law violates the First Amendment. NetChoice sought Supreme Court intervention after the 5th U.S. Circuit Court of Appeals lifted a lower court’s injunction and permitted the law to take effect.
Background and Lower Court Ruling
In a previous decision, U.S. District Judge Sul Ozerden had blocked enforcement, stating that the law was overly broad and that parents already had other means to monitor their children’s social media use. However, on July 17, the appeals court reversed that decision, allowing the law to be enforced during the ongoing litigation.
Supreme Court’s Response
The Supreme Court provided no detailed explanation for its decision. However, Justice Brett Kavanaugh wrote in a concurring opinion that while the law is likely unconstitutional, NetChoice had not demonstrated that temporary enforcement would cause sufficient harm to warrant an emergency block.
NetChoice attorney Paul Taske called the decision “an unfortunate procedural delay” but noted that Kavanaugh’s statement indicated the group is likely to prevail on constitutional grounds.
State’s Position and Motivation for the Law
Mississippi Attorney General Lynn Fitch’s office welcomed the decision, saying the law is designed to protect minors from online dangers. State lawyers pointed to the case of a 16-year-old who died by suicide after being blackmailed by someone he met on Instagram, calling it a driving factor behind the legislation.
The law requires “commercially reasonable” measures to verify users’ ages and obtain parental consent for minors. Mississippi officials argue it mirrors responsible practices that online platforms should already be implementing.
Broader Context
Mississippi’s law is one of several passed by U.S. states in recent years aimed at limiting minors’ exposure to harmful online content. It follows the Supreme Court’s June 2025 decision upholding Texas’ age verification requirements for pornographic websites.
NetChoice contends that Mississippi’s rules would compel all residents – adults as well as minors – to submit personal information to access protected online speech. “Social media is the modern printing press,” Taske said, adding that government cannot require identification to access lawful content online, just as it cannot for reading a physical newspaper.
The case will continue in the lower courts, where the core constitutional questions will be decided.
